5:00 pm Board Roo - Riverside Community College District

Transcription

RIVERSIDE COMMUNITY COLLEGE DISTRICT
BOARD OF TRUSTEES
TEACHING AND LEARNING COMMITTEE
August 14, 2007 – 5:00 p.m.
Board Room AD 122, O.W. Noble Administration Building, Riverside City Campus
Committee Members:
José Medina, Committee Chairperson
Janet Green, Vice Chairperson
Ray Maghroori, Vice Chancellor, Academic Affairs
Debbie DiThomas, Interim Vice Chancellor, Student
Services/Operations
Doug Beckstrom, Academic Senate Representative,
(Moreno Valley Campus)
Richard Mahon, Academic Senate Representative (Riverside)
Sharon Crasnow, Academic Senate Representative
(Norco Campus)
Tony Torres, ASRCC Student Representative
Kathleen Sell, CTA Representative
Gustavo Segura, CSEA Representative
AGENDA
VI.
Board Committee Reports
A.
Teaching and Learning
1.
Memorandums of Understanding with College of the Desert and Palo
Verde Community College District
- Committee to review the memorandums for reimbursement of
expenses incurred in facilitating and directing the implementation of a
work plan for Tech Prep. The terms of the memorandums are July 1, 2007
through June 30, 2008.
2.
CalWORKs Work Study Agreement with Employer
- Committee to review the blanket agreement to provide employers for the
CalWORKs work study program. The term of the agreement is
July 1, 2007 through June 30, 2008.
3.
Agreement with California Community Colleges Chancellor's Office for
the CalWORKs Program
- Committee to review the agreement to provide specialized services to
enhance and support statewide community college CalWORKs programs.
The term of the agreement is July 1, 2007 through June 30, 2008.
1
4.
Sublease Agreement with County of Riverside Economic Development
Agency
- Committee to review the agreement to provide facilities to operate the
Culinary Academy. The term of the agreement is July 1, 2007 through
June 30, 2008.
5.
Amendment to the Agreement with California State University Fullerton
Auxiliary Services Corporation
- Committee to review the agreement for the TriTech Small Business
Development Center to provide business counseling and training services.
The term of this agreement is January 1, 2006 through
December 31, 2007.
6.
Sabbatical Leave Request
- Committee to review the sabbatical leave request for spring 2008.
7.
Agreement with North County Vending, Inc.
- Committee to review the agreement to provide food, beverages, supplies,
and equipment for vended food services. The term of this agreement is
August 22, 2007 through June 30, 2012.
8.
Agreement with Doris Griffin
- Committee to review the agreement to provide services and produce
deliverables that will expand the electronic degree audit to include
coursework from other institutions. The term of this agreement is
August 22, 2007 through June 30, 2008.
9.
Agreement with Turbo Data Systems, Inc.
- Committee to review the agreement to provide processing of parking
citations. The term of the agreement is August 22, 2007 through
June 30, 2008.
10.
Comments from the public.
Adjourn
Prepared by: Naomi Foley
Administrative Assistant
Academic Affairs
2
TEACHING AND LEARNING
Report No.:
VI-A-1
Date: August 21, 2007
Subject:
Memorandums of Understanding with College of the Desert and Palo Verde
Community College District
Background: Attached for the Board’s review and consideration are two Memorandums of
Understanding between Riverside Community College District, as fiscal agents for the Riverside
County Tech Prep Consortium, and College of the Desert (COD) and Palo Verde Community
College District (PVCCD), partners in the Consortium. The MOUs are for the reimbursement of
expenses incurred by COD and PVCCD in facilitating and directing the implementation of a
coordinated work plan designed to more fully develop the academic, vocational, and technical
skills of secondary and postsecondary students who elect to enroll in vocational and technical
education programs. This is accomplished through linking secondary and post-secondary
education in a non-duplicative sequential course of study leading to an associate degree or a
certificate in specific career field, and to high skill, high wage employment or further education;
strengthening the applied academic component of vocational and technical education through the
integration of academic and vocational and technical instruction; providing technical and career
preparation; and building student competence in mathematics, science and communications in a
coherent sequence of courses. The terms of the MOUs are from July 1, 2007 through
June 30, 2008, for amounts estimated at $64,145.00 (COD) and $64,000.00 (PVCCD). Funding
source: Carl D. Perkins Career and Technical Education Improvement Act of 2006, Title II,
Tech Prep Consortium grant.
Recommended Action: It is recommended that the Board of Trustees ratify the Memorandums
of Understanding, for the periods of July 1, 2007 through June 30, 2008, for amounts estimated
at $128,145.00, and authorize the Interim Vice Chancellor, Administration and Finance, to sign
the memorandums.
James L. Buysse
Interim Chancellor
Prepared by: Ron Vito
Associate Vice Chancellor, Occupational Education
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MEMORANDUM OF UNDERSTANDING
Riverside Community College District
and
College of the Desert
This memorandum of understanding is made and entered into this 1st day of July, 2007, by and
between Riverside Community College District, hereinafter referred to as RCCD, and College of
the Desert, hereinafter referred to as COD. The term of this MOU is July 1, 2007, through June
30, 2008.
On behalf of the three colleges which comprise the Riverside County Tech Prep Consortium
(College of the Desert, Palo Verde College, and Riverside Community College), RCCD is
annually awarded a Carl D. Perkins Career and Technical Education Improvement Act of 2006 Title II Tech Prep Education grant from the California Community Colleges Chancellor’s Office.
The purpose of the Consortium is to facilitate and direct the implementation of a coordinated
work plan designed to develop more fully the academic, vocational, and technical skills of
secondary students and postsecondary students who elect to enroll in vocational and technical
education programs. This is accomplished through linking secondary education and postsecondary education in a non-duplicative sequential course of study leading to an associate
degree or a certificate in specific career field, and to high skill, high wage employment or further
education; strengthening the applied academic component of vocational and technical education
through the integration of academic and vocational and technical instruction; providing technical
and career preparation; and building student competence in mathematics, science and
communications in a coherent sequence of courses.
Total payment to COD to carry out the Tech Prep Workplan is projected to be $64,145 over the
term of this Agreement. Payment is contingent upon satisfactory performance as defined by
achievement of the objectives as indicated in Exhibit A, Scope of Services (Project Workplan).
The Terms and Conditions of Grant Agreement No. 07-139-056 between RCCD and the
California Community Colleges Chancellor’s Office are incorporated into this agreement by
reference. At a minimum, COD will submit invoices and program progress reports by the 10th
day following the end of each quarter to RCCD for activities and grant-funded expenses incurred
under the terms of this agreement. Reporting will be submitted on forms provided by RCCD to
COD and invoices will be accompanied by auditable documentation to support the claimed
expenditure.
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Both parties agree that:
1. This agreement is subject to change by mutual consent of the RCCD and COD.
2. COD shall hold harmless, indemnify and defend RCCD against any liability,
including reasonable attorney fees, arising out of negligent acts, errors or omissions
of COD, its employees, or agents, resulting from the performance of the agreement.
3. RCCD shall hold harmless, indemnify and defend COD against any liability,
of RCCD, its employees, or agents, resulting from the performance of this agreement.
4. Either party may terminate this agreement at any time upon 15 days advance written
notice to the other.
5. This agreement is not assignable without the consent of both parties hereto.
6. They shall not discriminate against any person in the provision of services, or
employment of persons on the basis of race, color, national origin, ancestry, religion,
physical/mental disability, marital status, sex, age or sexual orientation.
This Memorandum of Understanding has been read and agreed upon by the following
representatives of both parties.
Signature
College of the Desert
Signature
Aaron Brown
Interim Vice Chancellor
Administration and Finance
Date
Date
43-500 Monterey Avenue
Palm Desert, CA 92260
4800 Magnolia Avenue
Riverside, CA 92506
Board Approval: August 21, 2007
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Attachment A
Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
and
Palo Verde Community College District
This memorandum of understanding is made and entered into this 1st day of July, 2007, by and
between Riverside Community College District, hereinafter referred to as RCCD, and Palo
Verde Community College District, hereinafter referred to as PVCCD. The term of this MOU is
July 1, 2007, through June 30, 2008.
On behalf of the three colleges which comprise the Riverside County Tech Prep Consortium
(College of the Desert, Palo Verde College, and Riverside Community College), RCCD is
annually awarded a Carl D. Perkins Career and Technical Education Improvement Act of 2006 Title II Tech Prep Education grant from the California Community Colleges Chancellor’s Office.
The purpose of the Consortium is to facilitate and direct the implementation of a coordinated
work plan designed to develop more fully the academic, vocational, and technical skills of
secondary students and postsecondary students who elect to enroll in vocational and technical
education programs. This is accomplished through linking secondary education and postsecondary education in a non-duplicative sequential course of study leading to an associate
degree or a certificate in specific career field, and to high skill, high wage employment or further
education; strengthening the applied academic component of vocational and technical education
through the integration of academic and vocational and technical instruction; providing technical
and career preparation; and building student competence in mathematics, science and
communications in a coherent sequence of courses.
Total payment to PVCCD to carry out the Tech Prep Workplan is projected to be $64,000 over
the term of this Agreement. Payment is contingent upon satisfactory performance as defined by
achievement of the objectives as indicated in Exhibit A, Scope of Services (Project Workplan).
The Terms and Conditions of Grant Agreement No. 07-139-056 between RCCD and the
California Community Colleges Chancellor’s Office are incorporated into this agreement by
reference. At a minimum, PVCCD will submit invoices and program progress reports by the
10th day following the end of each quarter to RCCD for activities and grant-funded expenses
incurred under the terms of this agreement. Reporting will be submitted on forms provided by
RCCD to PVCCD and invoices will be accompanied by auditable documentation to support the
claimed expenditure.
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Both parties agree that:
7. This agreement is subject to change by mutual consent of the RCCD and PVCCD.
8. PVCCD shall hold harmless, indemnify and defend RCCD against any liability,
of OCD, its employees, or agents, resulting from the performance of the agreement.
9. RCCD shall hold harmless, indemnify and defend PVCCD against any liability,
of RCCD, its employees, or agents, resulting from the performance of this agreement.
10. Either party may terminate this agreement at any time upon 15 days advance written
notice to the other.
11. This agreement is not assignable without the consent of both parties hereto.
12. They shall not discriminate against any person in the provision of services, or
employment of persons on the basis of race, color, national origin, ancestry, religion,
physical/mental disability, marital status, sex, age or sexual orientation.
This Memorandum of Understanding has been read and agreed upon by the following
representatives of both parties.
Signature
Palo Verde Community College District
Signature
Aaron Brown
Interim Vice Chancellor
Date
Date
One College Drive
Blythe, CA
Riverside, CA 92506
Board Approval: August 21, 2007
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Attachment A
Memorandum of Understanding
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AMENDED
Report No.:
VI-A-2
Subject:
CalWORKs Work Study Agreement with Employer
Background: Attached for the Board’s review and consideration is a blanket work study
agreement to be used between Riverside Community College District and employers who hire
CalWORKs eligible students. Funding in the amount of $37,080.00 has been provided for the
Work Study Program by the California Community College Chancellor’s Office. Beginning
July 1, 2007 through June 30, 2008, the funding will provide for reimbursement of up to half of
the students’ earnings for a period of up to four months excluding payment for vacation time,
holiday pay, sick leave, union dues, jury duty, or any employer taxes. The wage reimbursement
incentive is expected to facilitate the job placement of CalWORKs students by Workforce
Preparation staff. In order to quickly fill employer needs, these work study agreements for
individual students would be signed by the Associate Vice Chancellor of Workforce
Development. This will allow CalWORKs students the opportunity to immediately meet their
work participation requirements as specified by Riverside County Department Public Social
Services.
Recommended Action: It is recommended that the Board of Trustees approve use of the
attached work study agreement for the period from July 1, 2007 through June 30, 2008, and
authorize the Associate Vice Chancellor, Workforce Development, to sign the individual work
study agreements for CalWORKs eligible students.
James L. Buysse
Interim Chancellor
Prepared by: Shelagh Camak
Associate Vice Chancellor, Workforce Development
Michael Wright
Director, Workforce Preparation Grants and Contracts
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CalWORKs WORK STUDY AGREEMENT
Contract No.
Amount
Hours
The Riverside Community College District (RCCD) and __________________________________________ (EMPLOYER)
enter into this agreement for _________________________ (Name of CalWORKs Student),
1.
The term of this agreement is from ____________________________through__________________________.
2.
EMPLOYER shall employ and train the-Student Employee within the Work Study Assurances appended to this agreement
and in accordance with all applicable laws, regulations and policies as Attachment A
3.
RCCD shall pay EMPLOYER an amount not to exceed $____________. Payment requests are to be submitted
monthly using the Request for Reimbursement appended to this agreement as Attachment B.
4.
During the training, EMPLOYER shall insure that the STUDENT/EMPLOYEE: (A) Is on EMPLOYER'S payroll, (B)
Receives the same benefits as EMPLOYER'S other employees performing similar work, (C) Is paid the wage indicated in
this agreement, and (D) Is provided Worker's Compensation coverage.
5.
RCCD's share of the work study reimbursement shall not include payment for vacation time, holiday pay, sick leave,
union dues, jury duty, etc.
6.
RCCD and authorized representatives of appropriate County, State and Federal agencies have the right to observe and
monitor all conditions and activities involved in the performance of this agreement and have the right to verify data
submitted with respect to this agreement by examining relevant records and documents during the EMPLOYER'S
normal business hours.
7.
No alteration or variation of the terms of this agreement shall be valid and/or binding unless made in writing and signed by
the parties hereto- There arc no oral understandings or agreements incorporated herein.
8.
Either party may terminate this agreement upon ( 1 0 ) day's prior written notice to the other party. RCCD may
immediately terminate this agreement at such time as funds are not made available through the State of California for the
purpose of carrying out this agreement.
9.
EMPLOYER, and agents and employees of EMPLOYER in the performance of the agreement, shall act in an
independent capacity and not as officers, employees or agents of RCCD.
10. EMPLOYER agrees to abide by the CalWORKs Work Study (CWWS) Assurances incorporated herein by this
reference and appended hereto as Attachment A.
11. This agreement is contingent upon the fact that the STUDENT/EMPLOYEE is enrolled in at least 3 units of approved
academic courses. If this STUDENT/EMPLOYEE should withdraw from RCC, or be enrolled in less than 3 units, this
contract will terminate. The employer will be given a 14-day notice of contract termination in this instance.
APPROVED BY EMPLOYER
____________________________________
Signature
Date
____________________________________
Name and Title
____________________________________
Company Name
____________________________________
Address
____________________________________
Phone Number
____________________________________
APPROVED BY RCCD
_____________________________________
Signature
Date
Shelagh Camak, Associate Vice Chancellor
Workforce Development
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CalWORKs WORK STUDY ASSURANCES
1.
EMPLOYER will comply with all requirements of the CalWORKs Work Study Program and with all related
Laws, Regulations and Policies.
2.
The employer assures compliance with state and federal guidelines and regulations regarding nondiscrimination against any employee/student on the basis of race, religion, gender, disability, medical
condition, marital status, age, or sexual orientation in recruitment, placement, task assignment, hours of
employment, levels of responsibility and pay. Harassment of any employee/student with regard to race,
religion, gender, disability, medical condition, marital status, age or sexual orientation is strictly prohibited.
3.
The work study employment will not involve political activities.
4.
STUDENT/EMPLOYEE will not be employed in the construction, operation or maintenance of any part of any
facility which is used for religious instruction or worship.
5.
The program will not result in the displacement of employed workers or impair existing contracts for service.
6.
Job openings under this program do not result from the termination of other employees in anticipation of
receiving subsidies under this program.
7.
No STUDENT/EMPLOYEE shall be placed in a position affected by a labor dispute involving a work stoppage,
and no payment shall be made to the. EMPLOYER for the training and employment of STUDENT/EMPLOYEE
during the period of work stoppage.
8.
STUDENT/EMPLOYEE shall be compensated by the EMPLOYER at such rates, including periodic increases,
as are reasonable considering such factors as industry, geographic region and STUDENT/EMPLOYEE
proficiency. In no event shall the rate be less that the highest of the following:
(a) the minimum wage rate specified in Section 6(a)( 1 ) of the Fair Labor Standard Acts
(b) the minimum wage rate prescribed by applicable state or local law
(c) the CalWORKs Work Study Program agreement.
9.
EMPLOYER will invoice RCCD for reimbursement of STUDENT/EMPLOYEE'S earnings on a monthly
basis, providing RCCD copies of STUDENT/EMPLOYEE'S pay stubs and EMPLOYER'S earnings record for
STUDENT/EMPLOYEE.
10. The EMPLOYER will maintain workers' compensation insurance to cover the STUDENT/EMPLOYEE for any
injuries sustained while employed by the EMPLOYER. The EMPLOYER will provide evidence of such
insurance to RCCD.
11. The EMPLOYER will maintain commercial general liability insurance, auto liability insurance and/or
garage liability insurance, as appropriate, to cover any claims damages, losses, causes of action or
demands, or any other liability in connection with or in any manner arising out of the EMPLOYER'S
performance of the work contemplated by the CWWS agreement.
12. The CWWS agreement may be terminated or funds suspended in whole or in part for cause, including failure of
the EMPLOYER to comply with the terms or conditions of the agreement.
13. If the CWWS position is covered by a collective bargaining agreement, EMPLOYER shall obtain written
concurrence of the appropriate labor organization.
14. All records pertinent to the program, including payroll records, shall be maintained for a period of five (5)
years from the expiration date of the CWWS agreement. Records pertaining to unresolved audit findings must
be maintained until final resolution of the audit.
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15. EMPLOYER agrees to indemnify and hold harmless RCCD CalWORKs and its' employees and agents from all
claims, damages, losses, causes of action and demands, or any other liability in connection with or in any
manner arising out of the EMPLOYER'S performance of the work contemplated by the CWWS agreement.
_____________________________________________
Signature of Employer
Date
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CALWORKS WORK STUDY PRE-AWARD REVIEW
EMPLOYER:
ADDRESS:
CONTACT PERSON:
TELEPHONE NO.:
FEDERAL I.D.:
STATE I.D.:
WORKERS COMPENSATION CARRIER:
WORKERS COMPENSATION POLICY #:
STUDENT/EMPLOYEE NAME:
JOB TITLE:
STUDENT/EMPLOYEE SOCIAL SECURITY #:
CHECKLIST
YES *
NO
Are there any working conditions that would endanger the health/safety of an employee?
Is the CWWS position under a lay-off or hiring freeze?
Is the CWWS position seasonal or intermittent?
Is the training wage based on commission or piece work?
Does the CWWS position require a license or certification?
*All YES responses require explanations in the comments section
COMMENTS
_______________________________________________
Signature of CalWORKs Representative
______________________________
Date
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CONTRACT#
CALWORKS WORK STUDY
REQUEST FOR REIMBURSEMENT SHEET
COMPANY:
CONTACT PERSON:
ADDRESS:
PHONE
STUDENT/EMPLOYEE:
SOCIAL SECURITY:
OCCUPATION:
CONTRACT ENDING DATE:
The Student/Employee named above has completed _________________ hours of training for the month of
______________.
I certify that the above information is correct and have attached payroll records to verify the training hours and
wages paid.
I request payment of $____________________ according to the terms of the work study agreement.
_______________________________
Employer Signature
___________________________
Date
I certify that I have worked the number of hours and received the training as indicated above.
________________________________
Student/Employee Signature
___________________________
Date
AMENDED
Report No.:
VI-A-3
Subject:
Agreement with California Community Colleges Chancellor's Office for the
CalWORKs Program
Background: Presented for the Board’s review and consideration is an agreement between
Riverside Community College District and the California Community College Chancellor’s
Office to provide specialized services to enhance and support statewide community college
CalWORKs Programs. Riverside Community College District will act as the fiscal agent for
these funds in order for the California Community College Chancellor’s Office to provide these
services.
These funds will be used to engage in a variety of technical assistance projects and activities.
These activities will include budget management and purchasing for regional and statewide
coordination and consultation, consulting services, reproduction and dissemination of reports and
materials and administrative support. The award provides for up to 20 CalWORKs directors/
coordinators to participate in a peer review process to evaluate program plans submitted and to
provide feedback to each college on the quality and comprehensiveness of the plan submitted.
Total payment under this agreement shall not exceed $144,100.00, for the period from July 1,
2007 through June 30, 2008. Funding source: California Community Colleges Chancellor’s
Office.
Recommended Action: It is recommended that the Board of Trustees approve the attached
agreement with California Community Colleges Chancellor's Office for the period from July 1,
2007 through June 30, 2008, in the amount of $144,100.00, and authorize the Interim Vice
Chancellor, Administration and Finance, to sign the agreement.
James L. Buysse
Interim Chancellor
Prepared by: Shelagh Camak
Associate Vice Chancellor, Workforce Development
Michael Wright
Director, Workforce Preparation Grants and Contracts
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STATE OF CALIFORNIA
STANDARD AGREEMENT
CCC 213 (Rev 03/06)
AGREEMENT NUMBER
07-0031
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Chancellor's Office, California Community Colleges
CONTRACTOR'S NAME
2.
The term of this
Agreement is:
July 1, 2007
3. The maximum amount
of this Agreement is:
through
June 30, 2008
$ 144,100.00
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A – Scope of Work
1 page(s)
Exhibit B – Budget Detail and Payment Provisions
Exhibit C – General Terms and Conditions (Attached hereto as part of this Agreement)
Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement)
Exhibit E – Request for Proposals (Attached hereto as part of this Agreement)
Exhibit F – Contractor's Proposal (Attached hereto as part of this Agreement)
Exhibit G – Contractor's Cost Proposal (Attached hereto as part of this Agreement)
Exhibit H – Contractor Certification Clauses, Chancellor's Office Form CCC-1005 (Attached
hereto as part of this agreement)
Exhibit I – Additional Provisions
2 page(s)
7 page(s)
12 page(s)
0 page(s)
2 page(s)
3 page(s)
5 page(s)
0 page(s)
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Chancellor's Office, California
Community Colleges Use Only
CONTRACTOR
CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
DATE SIGNED(Do not type)
BY (Authorized Signature)
"
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
4800 Magnolia Ave., Riverside, CA 92506
STATE OF CALIFORNIA
AGENCY NAME
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Chancellor’s Office, California Community Colleges
DATE SIGNED(Do not type)
BY (Authorized Signature)
"
PRINTED NAME AND TITLE OF PERSON SIGNING
Exempt from DGS approval pursuant
to AB 1441, Chapter 36 of the Statutes
of 2000
Steven Bruckman, Executive Vice Chancellor
ADDRESS
1102 Q Street, Sacramento, CA 95814
AMOUNT ENCUMBERED BY
THIS
DOCUMENT
$ 144,100.00
PRIOR AMOUNT ENCUMBERED
FOR THIS CONTRACT
$ 0
TOTAL AMOUNT ENCUMBERED
TO DATE
$ 144,100.00
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
Local Assistance
(OPTIONAL USE)
General
ITEM
CHAPTER
6870-101-0001(6)
OBJECT OF EXPENDITURE (CODE AND TITLE)
STATUTE
2007
0214-751-21450
I hearby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
T.B.A. NO.
B.R. NO.
DATE
FISCAL YEAR
2007-08
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EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1.
Services to Be Provided
Contractor agrees to provide to the Chancellor's Office of the California Community
Colleges (hereinafter referred to as the Chancellor's Office) the services specified in the
Contractor's Proposal, Exhibit F, and as further described herein. Exhibit F is attached
hereto and by reference made a part of this Agreement.
2.
Project Representatives
The project representatives during the term of this agreement will be:
Chancellor's Office: Project Monitor
Name: Patricia Servin-Lemus
Phone: (916) 327-5890
Fax: (916) 324-6701
Contractor: Project Director
Name: Michael Wright
Phone: (951) 222-8968
Fax:
Direct inquiries regarding terms or conditions of the agreement should be made to:
Chancellor's Office: Contract Manager
Name: Wendy Lozoya
Address: 1102 Q Street, Sacramento, CA
95814
Phone: (916) 327-5906
Fax: (916) 323-9478
3.
Contractor: Riverside CCD
Name: Michael Wright
Address: 4800 Magnolia Ave., Riverside, CA
92506
Phone: (951) 222-8968
Fax:
Contractor’s Project Director and Key Personnel
Substitution of Contractor's Project Director, as indicated in provision 2. above, or
Contractor’s key personnel, as indicated in the Contractor's Proposal (Exhibit F), may not
be made without the prior written approval of the Chancellor's Office Project Monitor.
4.
Chancellor's Office Project Monitor
The Project Monitor is responsible for overseeing the project as a whole, and any questions
or problems relating to the project should be directed to the Project Monitor. If necessary,
the Chancellor's Office may change the Project Monitor by written notice sent to the
Contractor.
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EXHIBIT A
SCOPE OF WORK
5.
Chancellor's Office Contract Manager
The Chancellor's Office may change the Contract Manager by written notice given to the
Contractor. Any questions relating to the terms or conditions of the Agreement document
should be addressed to the Contract Manager.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1.
2.
Costs and Payments
a.
In consideration of satisfactory performance of this Agreement, the Chancellor's
Office agrees to pay the Contractor costs in accordance with the Contractor’s Cost
Proposal, Exhibit G, which is also attached hereto and by reference made a part of
this Agreement.
b.
The total amount payable under this Agreement shall not exceed the maximum
amount of this Agreement, specified on the face page of this Agreement. Payment
shall be made according to the apportionment schedule set forth in the California
Code of Regulations, title 5, section 58870, except that the final payment will not
be made until the final report has been submitted and approved. If the final report
is not submitted by the deadline date set forth in section 6 of Exhibit D, the
Chancellor’s Office may make the final payment through a claim schedule. If total
expenditures are less than the apportionment payments, the Chancellor’s Office
may invoice the Contractor for the excess amount.
Budget Changes
Changes in budget line item amounts which are up to and including ten percent of the total
budget amount may be made with the prior written approval of the Project Monitor.
Changes in budget line item amounts which are greater than ten percent of the total budget
amount may be made only through a written and duly executed amendment to this
Agreement.
3.
Budget Contingency Clause
a.
It is mutually understood between the parties that this Agreement may have been
written before ascertaining the availability of state or federal funds, for the mutual
benefit of both parties in order to avoid program and fiscal delays which would
occur if the Agreement were executed after the determination was made.
b.
It is mutually agreed that if the state or federal budget for the current year and/or
any subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall be of no further force and effect. In
this event, the Chancellor's Office shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this
Agreement and Contractor shall not be obligated to perform any provisions of this
Agreement.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
4.
c.
If funding for any fiscal year is reduced or deleted by the state or federal budget for
purposes of this program, the Chancellor's Office shall have the option to either
cancel this Agreement with no liability occurring to the Chancellors Office, or offer
an Agreement Amendment to Contractor to reflect the reduced amount.
d.
Contractor shall inform any subcontractors that any work performed prior to
approval of the state or federal budget, as applicable, will be rendered on a
voluntary basis, and shall not be compensated unless and until funding is
authorized.
e.
In addition, this Agreement is subject to any additional restrictions, limitations or
conditions enacted in the state or federal budget and/or laws and Executive Orders
that may affect the provisions, term, or funding of this Agreement in any manner.
Fiscal Reports
Contractor shall furnish detailed itemization of and retain all records relating to direct
expenses reimbursed to Contractor hereunder and to hours of employment on this
Agreement by any employee of Contractor for which the Chancellor's Office is billed.
Invoices for services rendered are to be delivered to the Accounting Office, California
Community Colleges, 1102 Q Street, 4th Floor, Sacramento, CA 95814-6511.
5.
Prompt Payment Clause
If Contractor is not a community college district or other public entity, payment will be
made in accordance with, and within the time specified in, chapter 4.5 of part 3 of division
3.6 of title 1 of the Government Code, commencing with section 927.
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GENERAL TERMS AND CONDITIONS
1.
Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by
the parties and approved as required. No oral understanding or agreement not incorporated in this
Agreement is binding on any of the parties.
2.
Assignment
Contractor may not transfer by assignment or novation the performance of this Agreement or any part
thereof except with the prior written approval of the Project Monitor. Nor may Contractor, without the
prior written consent of the Project Monitor, assign any other right that Contractor may have under this
Agreement. Each assignment that is approved by the Project Monitor shall contain a provision prohibiting
further assignments to any third or subsequent tier assignee without additional written approval by the
Project Monitor. The Project Monitor’s consent to one or more such assignments or novations shall not
constitute a waiver or diminution of the absolute power to approve each and every subsequent assignment
or novation.
3.
Audit
Contractor agrees that the Chancellor's Office, the Bureau of State Audits, any other appropriate state or
federal oversight agency, or their designated representative(s), shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement. Contractor
agrees to maintain such records for possible audit for a minimum of three (3) years after final payment,
unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to
such records during normal business hours and to allow interviews of any employees who might reasonably
have information related to such records. Further, Contractor agrees to include a similar right of the
Chancellor's Office, the Bureau of State Audits, any other appropriate state or federal oversight agency, or
their designated representative(s) to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code, § 8546.7; Pub. Contr. Code, §§ 10115 et seq.; Cal. Code
Regs., tit. 2, § 1896.)
4.
Indemnification
Contractor agrees to indemnify, defend and save harmless the State, the Board of Governors of the
California Community Colleges, the Chancellor’s Office, its officers, agents and employees from any and
all claims and losses accruing or resulting to any and all employees, subcontractors, suppliers, laborers and
any other person, firm or corporation furnishing or supplying work, services, materials or supplies in
connection with performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in the
performance of this Agreement. Such defense and payment will be conditional upon the following:
a.
The Chancellor's Office will notify Contractor of any such claim in writing and tender the defense
thereof within a reasonable time; and
b.
Contractor will have sole control of the defense of any action on such claim and all negotiations for
its settlement or compromise; provided that:
1.
When substantial principles of government or public law are involved, when litigation
might create precedent affecting future Chancellor's Office operations or liability, or when
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involvement of the Chancellor's Office is otherwise mandated by law, the Chancellor's
Office may participate in such action at its own expense with respect to attorneys' fees and
costs (but not liability);
5.
2.
The Chancellor's Office will have the right to approve or disapprove any settlement or
compromise, which approval will not unreasonably be withheld or delayed; and
3.
The Chancellor's Office will reasonably cooperate in the defense and in any related
settlement negotiations.
Disputes
In the event of a dispute, the parties shall deal in good faith and attempt to resolve potential disputes
informally. If the dispute persists, Contractor agrees to file a “Notice of Dispute” with the Chancellor’s
Office, California Community Colleges, within ten (10) days of discovery of the problem. Within ten (10)
days, the Chancellor or his or her designee shall meet with Contractor and the Project Monitor for purposes
of resolving the dispute. The decision of the Chancellor shall be final.
In the event of a dispute, the language contained in Exhibits A through D of this Agreement shall prevail
over any other language including that contained in any other Exhibits.
Contractor shall continue with the responsibilities under this Agreement during any dispute.
6.
Termination
a.
Bankruptcy. In the event proceedings in bankruptcy are commenced against the Contractor,
Contractor is adjudged bankrupt or a receiver is appointed and qualifies, then the Chancellor's
Office may terminate this Agreement and all further rights and obligations hereunder, by giving
five days notice in writing in the manner specified herein. It is recognized by the parties that
equipment purchased by Contractor or the Chancellor's Office for this project shall have lien rights
held in the name of the Chancellor's Office which shall retain lien rights until the Contractor either
returns said equipment to the Chancellor's Office or purchases it as is provided by the terms of this
Agreement.
b.
Termination Option. The Chancellor's Office may, at its option, terminate this Agreement at any
time upon giving thirty (30) days’ advance notice in writing to Contractor in the manner herein
specified. In such event, both parties agree to use all reasonable efforts to mitigate their expenses
and obligations hereunder. In such event, the Chancellor's Office shall pay Contractor for all
satisfactory services rendered and expenses incurred prior to such termination which could not by
reasonable efforts of Contractor have been avoided, but not in excess of the maximum payable
under this Agreement. In such event, Contractor agrees to relinquish possession of equipment
purchased for this project to the Chancellor's Office or Contractor may, with approval of the
Chancellor's Office, purchase said equipment as provided by the terms of this Agreement.
c.
Event of Breach. In the event of any breach of this Agreement, the Chancellor's Office may,
without any prejudice to any of its other legal remedies, terminate this Agreement upon five days’
written notice to the Contractor. In the event of such termination the Chancellor's Office may
proceed with the work in any manner deemed proper by the Chancellor's Office. The cost to the
Chancellor's Office shall be deducted from any sum due the Contractor under this Agreement, and
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the balance, if any, shall be paid to the Contractor upon demand. Whether or not the Chancellor's
Office elects to proceed with the project, Chancellor's Office shall pay Contractor only the
reasonable value of the services theretofore rendered by Contractor as may be agreed upon by the
parties or determined by a court of law.
d.
Gratuities. The Chancellor's Office may, by written notice to the Contractor, terminate the right of
Contractor to proceed under this Agreement if it is found, after notice and hearing by the
Chancellor or his or her duly authorized representative, that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the
Chancellor's Office with a view toward securing a contract or agreement or securing favorable
treatment with respect to awarding or amending or making a determination with respect to the
performance of such contract or agreement.
In the event this Agreement is terminated as provided herein, Chancellor's Office shall be entitled
to (1) pursue the same remedies against Contractor as it could pursue in the event of the breach of
the Agreement by the Contractor, and (2) exemplary damages in an amount which shall be not less
than three nor more than ten times the cost incurred by the Contractor in providing any such
gratuities to any such officer or employee, as a penalty in addition to any other damages to which it
may be entitled by law.
The rights and remedies of Chancellor's Office provided in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this Agreement.
7.
Independent Status of Contractor
The Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall
act in an independent capacity and not as officers or employees or agents of the State of California or the
Chancellor’s Office.
8.
Recycling Certification
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of
post consumer material as defined in Public Contract Code section 12200, in products, materials, goods, or
supplies offered or sold to the state in the performance of this Agreement, regardless of whether the product
meets the requirements of Public Contract Code section 12209. With respect to printer or duplication
cartridges that comply with the requirements of section 12156(e), the certification required by this
subdivision shall specify that the cartridges so comply. (Pub. Contr. Code, § 12205.)
9.
Nondiscrimination Clause
a.
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully
discriminate, harass or allow harassment against any employee or applicant for employment
because of ethnic group identification, national origin, religion, creed, age, sex, race, color,
ancestry, sexual orientation, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer and genetic characteristics), or on the basis of these perceived
characteristics or based on association with a person or group with one or more of these actual or
perceived characteristics, marital status, denial of family care leave, political affiliation, or position
in a labor dispute. Contractor and its subcontractors shall insure that the evaluation and treatment
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of their employees and applicants for employment are free from such discrimination and
harassment.
10.
b.
Contractor and its subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code, §§ 12900 et seq.) and the applicable regulations promulgated thereunder
(Cal. Code Regs., tit. 2, §§ 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code section 12990 (a-f), set forth in chapter 5 of
division 4 of title 2 of the California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full.
c.
Contractor and its subcontractors shall also comply with the provisions of Government Code
sections 11135-11139.8.
d.
Contractor and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
e.
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
Certification Clauses
The Contractor Certification Clauses contained in Chancellor's Office form CCC-1005 are hereby
incorporated by reference and made a part of this Agreement by this reference, and are attached hereto as
Exhibit H.
11.
Timeliness
Time is of the essence in this Agreement.
12.
Compensation
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless
otherwise expressly so provided.
13.
Governing Law
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California; venue of any action brought with regard to this Agreement shall be in Sacramento County,
Sacramento, California.
14.
Antitrust Claims
The Contractor, by signing this agreement, hereby certifies that if these services or goods are obtained by
means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes
Sections set out below.
a.
The Government Code Chapter on Antitrust claims contains the following definitions:
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15.
1.
"Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose
behalf the Attorney General may bring an action pursuant to subdivision (c) of section
16750 of the Business and Professions Code. (Gov. Code, § 4550(a).)
2.
"Public purchasing body" means the State or the subdivision or agency making a public
purchase. (Gov. Code, § 4550(b).)
b.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act
(chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions
Code), arising from purchases of goods, materials, or services by the bidder for sale to the
purchasing body pursuant to the bid. Such assignment shall be made and become effective at the
time the purchasing body tenders final payment to the bidder. (Gov. Code, § 4552.)
c.
If an awarding body or public purchasing body receives, either through judgment or settlement, a
monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to
receive reimbursement for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages, attributable to overcharges that
were paid by the assignor but were not paid by the public body as part of the bid price, less the
expenses incurred in obtaining that portion of the recovery. (Gov. Code, § 4553.)
d.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a) the assignee has not been
injured thereby, or (b) the assignee declines to file a court action for the cause of action. (Gov.
Code, § 4554.)
Child Support Compliance Act
For any Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public
Contract Code section 7110, that:
16.
a.
The Contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment
orders, as provided in chapter 8 (commencing with section 5200) of part 5 of division 9 of the
Family Code; and
b.
The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders
of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the
parties agree that all other provisions of this Agreement have force and effect and shall not be affected
thereby.
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17.
Priority Hiring Considerations
If this Agreement includes services in excess of $200,000, the Contractor shall give priority consideration
in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and
Institutions Code section 11200 in accordance with Public Contract Code section 10353.
18.
Union Activities
For all contracts and agreements, except fixed price contracts and agreements of $50,000 or less, by signing
this Agreement Contractor hereby acknowledges the applicability of Government Code sections 16645
through 16649 to this Agreement and agrees to the following:
1.
a.
Contractor will not assist, promote or deter union organizing by employees performing work on a
state service contract or agreement, including a public works contract.
b.
No state funds received under this agreement will be used to assist, promote or deter union
organizing.
c.
Contractor will not, for any business conducted under this Agreement, use any state property to
hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote
or deter union organizing, unless the state property is equally available to the general public for
holding meetings.
d.
If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing,
Contractor will maintain records sufficient to show that no reimbursement from state funds has
been sought for these costs, and Contractor shall provide those records to the Attorney General
upon request.
Excise Tax
The State of California is exempt from federal excise taxes, and no payment will be made for any taxes
levied on employees' wages. The Chancellor's Office will pay for any applicable State of California or
local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement.
California may pay any applicable sales and use tax imposed by another state.
2.
Subcontracts
a.
The Contractor agrees to obtain the written approval of the Project Monitor prior to the selection of
subcontractor(s) to perform the services under this Agreement, at which time the Chancellor's
Office will inform the Contractor of any applicable legal requirements regarding disabled veteran
business enterprise participation requirements and the use of the Request for Proposals primary or
two-tier method. Subcontractors specifically identified in this Agreement or the Exhibits attached
hereto and which are secured in accordance with applicable legal requirements are deemed to be
approved upon execution of this Agreement.
b.
In any event, any additional subcontractor(s) retained by the Contractor shall be selected using
procedures reasonably calculated to ensure that cost shall be given substantial weight in the
selection process, and that the selected subcontractor is the best qualified party available to provide
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the required services. Upon request, Contractor shall furnish evidence of compliance with this
provision to the Project Monitor. Contractor shall immediately notify the Project Monitor in the
event that any subcontract is terminated.
3.
c.
All subcontracts shall contain a provision prohibiting any third or subsequent tier subcontracts
without additional written approval by the Project Monitor.
d.
The Project Monitor’s consent to one or more subcontracts shall not constitute a waiver or
diminution of the absolute power to approve each and every subsequent subcontract.
e.
Nothing contained in this Agreement or otherwise, shall create any contractual relation between the
Chancellor's Office and any subcontractors, and no subcontract shall relieve Contractor of its
responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the
Chancellor's Office for the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly employed
by Contractor. Contractor's obligation to pay its subcontractors is independent from the obligation
of the Chancellor's Office to make payments to the Contractor. As a result, the Chancellor's Office
shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
Subcontract Payments
Contractor shall obtain the written approval of the Project Monitor and the Executive Vice Chancellor, or
his/her designee, before making payments under this Agreement to any subcontractors.
4.
Notice
Any notice to either party which is required or permitted to be given under this Agreement shall be given
by certified mail properly addressed, postage fully prepaid to the address beneath the name of each
respective party. Such notice shall be effective when received, as indicated by post office records, or if
deemed undeliverable by post office, such notice shall be postponed 24 hours for each such intervening
day.
5.
Interpretation
In the interpretation of this Agreement, any inconsistencies between the terms of Exhibits A through D and
the language of any other Exhibit or document shall be resolved in favor of the terms of Exhibits A through
D.
6.
Reports
a.
Monthly Progress Reports. Except as otherwise specified by the Chancellor's Office, Contractor
shall provide a progress report in writing at least once a month to the Project Monitor. Each
progress report shall include, but not be limited to, a statement that the Contractor is or is not on
schedule, and any pertinent reports or interim findings. Contractor shall discuss any difficulties or
special problems so that remedies can be developed as soon as possible. Contractor shall provide
four copies by the tenth of the month following the month to which it relates.
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b.
Final Report. By July 31, 2008, Contractor shall provide the Project Monitor a comprehensive
Final Report, a brief summary of same, and a brief (200 words or less), factual abstract of the final
report.
1.
Summary. The summary shall include a statement of the problem, techniques used to
solve the problem, conclusions of the problem, and any additional follow-up or ongoing
recommendations. The summary shall be prepared in language and structure easily
understood by members of the public who may have limited technical background.
Contractor shall provide the Chancellor's Office with ten (10) copies and a reproducible
master.
2.
Abstracts. Contractor shall provide a brief (200 words or less), factual abstract of the most
significant information contained in the report.
Contractor shall meet with Chancellor's Office staff to present the findings, conclusions,
and recommendations. Both the final meeting and final report must be completed on or
before the date specified above for submission of the final report.
The Contractor shall be available from July 31, 2008, to and including August 31, 2008, to
answer questions pertaining to the Final Report and/or revise the Final Report.
7.
c.
The Chancellor's Office reserves the right to use and reproduce all reports and data produced and
delivered pursuant to this Agreement and authorize others to use or reproduce such materials.
d.
All reports are to be delivered to the Project Monitor, Chancellor’s Office, California Community
Colleges, 1102 Q Street, Sacramento, CA 95814-6511
e.
Any document or written report prepared, in whole or in part, by Contractor or subcontractors,
shall contain the numbers and dollar amounts of this Agreement and all subcontracts relating to the
preparation of such document or written report. The Agreement and subcontract numbers and
dollar amounts shall be contained in a separate section of such document or written report. (Gov.
Code, § 7550(a).)
f.
When multiple documents or written reports are the subject or product of this Agreement, the
disclosure section must also contain a statement indicating that the total Agreement amount
represents compensation for multiple documents or written reports. (Gov. Code, § 7550(b).)
Copyright and Intellectual Property
a.
Contractor agrees that any and all services rendered and documents or other materials, inventions,
processes, machines, manufactures, or compositions of matter, computer programs, computer
software, and/or trademarks or servicemarks first created, developed or produced pursuant to this
Agreement, whether by Contractor or subcontractors, shall be and are Work for Hire. All
subcontracts shall include a Work for Hire provision by which all materials, procedures, processes,
machines, computer programs, computer software, and trademarks or servicemarks produced as a
result of this Agreement shall be Work for Hire. All rights, title, and interest in and to the Work
first developed under this Agreement or under any subcontract shall be assigned and transferred to
the Chancellor's Office. This Work for Hire agreement shall survive the expiration or early
termination of this Agreement.
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b.
The copyright for all materials first produced as a result of this Work for Hire agreement shall
belong to the Chancellor's Office. Contractor, and all subcontractors and others that produce
copyright materials pursuant to this Agreement, assigns all rights, title and interest, including the
copyright to any and all works created pursuant to this Work for Hire agreement, to the
Chancellor's Office. The Chancellor's Office shall acknowledge Contractor or its subcontractors, if
any, as the author of works produced pursuant to this Work for Hire agreement on all publications
of such work. The Chancellor's Office may license Contractor or its subcontractors, if any, to
reproduce and disseminate copies of such work, provided the licensee agrees not to permit
infringement of the copyright by any person, to compensate Chancellor's Office for any
infringement which may occur, and to indemnify and hold harmless the Chancellor's Office for any
and all claims arising out of or in connection with the licensing agreement.
c.
All materials first developed in draft and in final form pursuant to this Agreement shall, in a
prominent place, bear the © (the letter "c" in a circle) or the word "Copyright," or the abbreviation
"Copr.", followed by the year created; and the words "Chancellor's Office, California Community
Colleges." Acknowledgment may be given to Contractor or the actual author(s) of the work in an
appropriate manner elsewhere in the copyright material. If it is deemed necessary by either the
Chancellor's Office or Contractor that the copyright be registered with the U.S. Copyright Office,
Contractor will be responsible for applying for, paying the filing fees for, and securing said
copyright.
d.
All technical communications and records originated or first prepared by Contractor or its
subcontractors, if any, pursuant to this Work for Hire agreement including papers, reports, charts,
computer programs, and technical schematics and diagrams, and other documentation, but not
including Contractor's administrative communications and records relating to this Agreement, shall
be delivered to and shall become the exclusive property of the Chancellor's Office and may be
copyrighted by the Chancellor's Office.
e.
If it is deemed necessary by either the Chancellor's Office or Contractor that a patent be obtained
from the U.S. Patent and Trademark Office for any invention, process, machine, manufactures, or
composition of matter, Contractor will be responsible for applying for, paying the filing fees for,
and securing said patent. All patents for inventions, processes, machines, manufactures, or
compositions of matter developed pursuant to this Agreement shall be issued to the "Chancellor's
Office, California Community Colleges." All products and references to patents shall be marked
and designated as such as required by law. Acknowledgment may be given to Contractor or the
actual inventor(s) in an appropriate manner. The Chancellor's Office agrees to grant a
nonexclusive license for such intellectual property to Contractor. Said license shall include the
right to use the patent for inventions, processes, machines, manufactures, or compositions of matter
derived from those created under this Agreement.
f.
All trademarks and servicemarks first created, developed or acquired pursuant to this Agreement
shall be the property of the Chancellor's Office. If it is deemed necessary by either the Chancellor's
Office or Contractor that a trademark or servicemark be registered with state or federal agencies,
Contractor will be responsible for applying for, paying the filing fees for, and securing said
protection. All trademarks and servicemarks obtained pursuant to this Agreement shall be issued to
the "Chancellor's Office, California Community Colleges" and carry the designations permitted or
required by law. The Chancellor's Office agrees to grant a nonexclusive license for the use of
trademarks or servicemarks created, developed or obtained under this Agreement to Contractor.
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8.
g.
In connection with any license granted pursuant to the preceding paragraphs, Contractor agrees not
to permit infringement by any person, to compensate Chancellor's Office for any infringement
which may occur, and to indemnify and hold harmless the Chancellor's Office for any and all
claims arising out of or in connection with such license. Contractor may, with the permission of
the Chancellor's Office, enter into a written sublicensing agreement subject to these same
conditions.
h.
Any and all services rendered, materials, inventions, processes, machines, manufactures, or
compositions of matter, computer programs, computer software, and trademarks or servicemarks
created, developed or produced pursuant to this Agreement by subcontractors that create works for
this Agreement for Contractor are for and are the property of the Chancellor's Office. Contractor
shall obtain an acknowledgement of the work for hire performed by these subcontractors that
produce intellectual property pursuant to this Agreement, and all rights, title, and interests in such
property shall be assigned to the Chancellor's Office from all subcontractors. Contractor shall
incorporate the above applicable paragraphs, modified appropriately, into its agreements with
subcontractors that create works for this Agreement. No unpaid volunteer or other person shall
produce copyright materials under this Agreement without entering into a subcontract between
such person(s) and Contractor giving the Chancellor's Office the foregoing rights in exchange for
the payment of the sum of at least one dollar ($1).
Public Hearings
If public hearings on the subject matter dealt with in this Agreement are held during the period of the
Agreement, Contractor will make available the personnel assigned to this Agreement for the purpose of
testifying. Chancellor's Office will reimburse Contractor for compensation and travel of said personnel at
the contract rates for such testimony as may be requested by Chancellor's Office.
9.
Confidentiality of Data and Reports
a.
To the extent permissible by law, Contractor will not disclose data or disseminate the contents of
the final or any preliminary report without the express written permission of the Project Monitor.
b.
Permission to disclose information on one occasion or at public hearings held by the Chancellor's
Office relating to the same shall not authorize Contractor to further disclose such information or
disseminate the same on any other occasion.
c.
Contractor will not comment publicly to the press or any other media regarding its report, or the
actions of the Chancellor's Office on the same, except to Chancellor's Office staff, Contractor’s
own personnel involved in the performance of this Agreement, or at a public hearing, or in
response to questions from a legislative committee.
d.
If requested by Chancellor's Office, Contractor shall require each of its employees or officers who
will be involved in the performance of this Agreement to agree to the above terms in a form to be
approved by Chancellor's Office and shall supply Chancellor's Office with evidence thereof.
e.
Each subcontract shall contain provisions similar to the foregoing related to the confidentiality of
data and nondisclosure of the same.
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10.
Provisions Relating to Data
a.
“Data” as used in this Agreement means recorded information, regardless of form or characteristic,
of a scientific or technical nature. It may for example, document research or experimental,
developmental or engineering work, or be used to define a design or process or to support a
premise or conclusion asserted in any deliverable document called for by this Agreement. The data
may be graphic or pictorial delineations in media, such as drawings or photographs, charts, tables,
mathematical models, collections or extrapolations of data or information, etc. It may be in
machine form such as punched cards, magnetic tape or computer printouts, or may be retained in
computer memory.
b.
“Proprietary data” is such data as the Contractor has identified in a satisfactory manner as being
under Contractor’s control prior to commencement of performance of this Agreement, and which
Contractor has reasonably demonstrated as being of a proprietary nature either by reason of
copyright, patent or trade secret doctrines in full force and effect at the time when performance of
this Agreement is commenced. The title to “proprietary data” shall remain with the Contractor
throughout the term of this agreement and thereafter. As to “proprietary data,” the extent of
Chancellor's Office access to the same and the testimony available regarding the same shall be
limited to that reasonably necessary to demonstrate in a scientific manner to the satisfaction of
scientific persons the validity of any premise, postulate or conclusion referred to or expressed in
any deliverable hereunder.
c.
“Generated data” is that data which a Contractor has collected, collated, recorded, deduced, read
out or postulated for utilization in the performance of this Agreement. Any electronic data
processing program, model or software system developed or substantially modified by the
Contractor in the performance of this Agreement at the expense of the Chancellor's Office, together
with complete documentation thereof, shall be treated hereunder in the same manner as “generated
data.” “Generated data” shall be the property of the Chancellor's Office unless and only to the
extent that it is specifically provided otherwise herein.
d.
“Deliverable data” is that data which under the terms of this Agreement is required to be delivered
to the Chancellor's Office and shall belong to the Chancellor's Office.
e.
As to “generated data” which is reserved to Contractor by the express terms hereof and as to any
preexisting or “proprietary data” which has been utilized to support any premise, postulate or
conclusion referred to or expressed in any deliverable hereunder, Contractor shall preserve the
same in a form which may be introduced as evidence in a court of law at Contractor’s own expense
for a period of not less than three years after receipt by the Chancellor's Office of the final report
herein.
f.
Prior to the expiration of such time and before changing the form of or destroying any such data,
Contractor shall notify the Chancellor's Office of any such contemplated action and Chancellor's
Office may, within thirty (30) days after said notification, determine whether it desires said data to
be further preserved. If Chancellor's Office so elects, the expense of further preserving said data
shall be paid for by the Chancellor's Office. Contractor agrees that Chancellor's Office may at its
own expense have reasonable access to said data throughout the time during which said data is
preserved. Contractor agrees to use his or her best efforts to furnish competent witnesses or to
identify such competent witnesses to testify in any court of law regarding said data.
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EXHIBIT C
11.
Ownership of Data And Reports
Data developed for this Agreement shall become the property of the Chancellor's Office. It shall not be
disclosed without the permission of the Project Monitor. Each report shall also become the property of the
Chancellor's Office and shall not be disclosed except in such manner and such time as the Project Monitor
may direct.
12.
13.
Approval of Products and Deliverables
a.
Each deliverable to be provided under this Agreement shall be submitted to and approved by the
Project Monitor. All products, documents and published materials, including multimedia
presentations, shall be approved by the Project Monitor prior to distribution.
b.
All products resulting from this Agreement or its subcontracts in whole or in part shall reference
the Chancellor's Office, California Community Colleges and the specific funding source.
c.
All references to the project shall include the phrase, "funded in part by the Chancellor's Office,
California Community Colleges."
Waiver
No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
All remedies afforded in this Agreement shall be taken and construed as cumulative; that is, in addition to
every other remedy provided therein or by law. The failure of the Chancellor's Office to enforce at any
time any of the provisions of this Agreement, or to require at any time performance by Contractor of any of
the provisions thereof, shall in no way be construed to be a waiver of such provisions nor in any way affect
the validity of this Agreement or any part thereof or the right of Chancellor's Office to thereafter enforce
each and every such provision.
14.
Work by Chancellor's Office Personnel
Staff of the Chancellor's Office will be permitted to work side by side with Contractor’s staff to the extent
and under conditions that may be directed by the Project Monitor. In this connection, staff of the
Chancellor's Office will be given access to all data, working papers, subcontracts, etc., which Contractor
may seek to utilize.
Contractor will not be permitted to utilize staff of the Chancellor's Office for the performance of services
that are the responsibility of Contractor unless such utilization is previously agreed to in writing by the
Project Monitor, and any appropriate adjustment in price is made. No charge will be made to Contractor
for the services of employees of the Chancellor's Office while performing, coordinating or monitoring
functions.
15.
Changes in the Timing of Performance of Tasks
The timing for performance of the tasks may be changed by written approval of the Project Monitor.
However, the date for completion of the Agreement and the total Agreement price, as well as all other
terms not specifically excepted, may only be altered by formal amendment of this Agreement.
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EXHIBIT C
16.
Travel and Per Diem
a.
For purposes of payment, Contractor’s headquarters shall be the city designated in the signature
block. Travel outside the State of California shall not be reimbursed without the prior written
authorization of the Project Monitor, or unless otherwise expressly so provided in the terms of this
Agreement.
b.
The travel and per diem rates allowed for Contractor, staff, and subcontractors shall be those
currently set forth by the Department of General Services (see State Administrative Manual (SAM)
chapter 0700 and Appendix (Travel Guide, S-1)) and Department of Personnel Administration
(DPA) Rules (Cal. Code Regs., §§ 599.615, et seq.). These Rules are subject to change at any
time. Travel expenditures not listed in the DPA Rules cannot be reimbursed.
c.
Contractor must use the Contractor’s formally printed invoice or letterhead, and must sign and date
the claim prior to submission to the Chancellor’s Office for payment.
d.
Questions regarding reimbursable items and/or limits may be directed to the Chancellor's Office
Accounting Administrator at (916) 327-5355.
e.
Itemized invoices, prepared in triplicate, stating Agreement number and social security number or
federal identification number, shall be submitted to:
Accounting Unit
Chancellor’s Office
California Community Colleges
1102 Q Street
Sacramento, CA 95814-6511
17.
Captions
The clause headings appearing in this agreement have been inserted for the purpose of convenience and
ready reference. They do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the clauses to which they appertain.
18.
Accessibility for Persons with Disabilities
By signing the Contractor's Certification (Chancellor's Office form CCC-1005, attached hereto as Exhibit
H), Contractor agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations
and guidelines issued pursuant to the ADA. In addition, by signing this Agreement, Contractor further
agrees to the following:
a.
Contractor shall, upon request by any person, make any materials produced with funds
pursuant to this Agreement available in braille, large print, electronic text, or other appropriate
alternate format. Contractor shall establish policies and procedures to respond to such requests in a
timely manner.
b.
All data processing, telecommunications, and/or electronic and information technology
(including software, equipment, or other resources) developed, procured, or maintained by
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EXHIBIT C
Contractor, whether purchased, leased or provided under some other arrangement for use in
connection with this Agreement, shall comply with the regulations implementing Section 508 of
the Rehabilitation Act of 1973, as amended, set forth at 36 Code of Federal Regulations, part 1194.
19.
c.
Design of computer or web-based materials, including instructional materials, shall conform
to guidelines of the Web Access Initiative (see http://www.w3.org/TR/WAI-WEBCONTENT/) or
similar guidelines developed by the Chancellor's Office.
d.
Contractor shall respond, and shall require its subcontractors to respond to and resolve any
complaints regarding accessibility of its products and services as required by this section.
e.
Contractor and its subcontractors shall indemnify, defend, and hold harmless the Chancellor's
Office, its officers, agents and employees, from any and all claims by any person resulting from the
failure to comply with the requirements of this section.
f.
Contractor shall incorporate the requirements of this section into all subcontracts.
Eligibility for Noncitizens
Funds provided under this Agreement shall only be used to employ, contract with, or provide services to
citizens of the United States or noncitizens who are eligible to receive public benefits pursuant to Section
401 (with respect to federally funded activities) or Section 411 (with respect to state funded activities) of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193, codified at
42 U.S.C. §§ 601 and 611, respectively). Contractor certifies that all of its employees and/or
subcontractors are qualified pursuant to these provisions.
20.
Performance Evaluation
If this Agreement involves Consultant Services, the performance of the Contractor shall be evaluated by the
Project Monitor on a “Contract/Contractor Evaluation” form Std. 4. If the performance is unsatisfactory,
the Contractor will be allowed to prepare a statement defending Contractor’s performance. This statement
must be received by the Project Monitor within thirty (30) days after Contractor’s receipt of the evaluation.
The evaluation form and any related material will be kept on file at the Chancellor’s Office.
21.
Commissions and Contingency Agreements
The Contractor warrants by execution of this Agreement, that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of securing
business. For breach or violation of this warranty, the Chancellor's Office shall, in addition to other
remedies provided by law, have the right to annul this Agreement without liability, paying only for the
value of the work actually performed, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
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EXHIBIT C
22.
Licenses and Permits
If the Contractor is an individual, firm or corporation, Contractor must be licensed to do business in
California and shall obtain at his/her/its expense all license(s) and permit(s) required by law for
accomplishing any work required in connection with this Agreement.
If you are a Contractor located within the State of California, a business license from the city/county in
which you are headquartered is necessary, however, if you are a corporation, a copy of your incorporation
documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the
State of California, you will need to submit to the Chancellor's Office a copy of your business license or
incorporation papers for your respective state showing that your company is in good standing in that state.
In the event, any license(s) and/or permit(s) expire at any time during the term of this Agreement,
Contractor agrees to provide the Chancellor’s office with a copy of the renewed license(s) and/or permit(s)
within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all
times all required license(s) and permit(s), the Chancellor's Office may, in addition to any other remedies it
may have, terminate this Agreement upon occurrence of such event.
23.
Standards of Conduct
In addition to the Conflicts of Interests provisions in the Contractor's Certification (Chancellor's Office
form CCC-1005, attached hereto as Exhibit H), Contractor hereby assures that, in administering this
Agreement, it will comply with the standards of conduct hereinafter set out, as well as the applicable state
laws concerning conflicts of interests, in order to maintain the integrity of the Agreement and to avoid any
potential conflicts of interests in its administration.
a.
Every reasonable course of action will be taken by Contractor in order to maintain the integrity of
this expenditure of public funds and to avoid any favoritism or questionable or improper conduct.
The Agreement will be administered in an impartial manner. The Contractor, and its officers and
employees, in administering this Agreement, will avoid situations which give rise to a suggestion
that any decision was influenced by prejudice, bias, or special interest.
b.
Conducting Business with Relatives. No relative by blood, adoption, or marriage of any officer or
employee of Contractor will receive favorable treatment in the award of subcontracts or in
educational or employment opportunities funded by this Agreement.
c.
Conducting Business Involving Close Personal Friends and Associates. In administering this
Agreement, officers and employees of Contractor will exercise due diligence to avoid situations
which may give rise to an assertion that favorable treatment is being granted to friends and
associates.
d.
In the interest of avoiding conflicts of interests involving friends or associates of Chancellor's
Office employees, in administering this Agreement, officers and employees of Contractor will
exercise due diligence to avoid situations which may give rise to an assertion that favorable
treatment is being granted to friends and associates of Chancellor's Office employees.
e.
Contractor shall not enter into any subcontract of the types described below and any such
agreement which may be executed is null and void and of no force or effect.
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EXHIBIT C
24.
1.
A former state employee (including a Chancellor's Office employee, or a district employee
who worked for the Chancellor's Office on an Interjurisdictional Exchange (IJE)) cannot
enter into a subcontract under this Agreement with Contractor if that employee was
engaged in the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to this Agreement while employed by the state. (Gov.
Code, §§ 1090, et seq., 87100, and 87400 et seq.; Cal. Code Regs., tit. 5, §§ 18741.1 and
18747.)
2.
A current state employee (including a current Chancellor's Office employee or district
employee working for the Chancellor's Office on an Interjurisdictional Exchange (IJE))
cannot enter into a subcontract with Contractor, with the exception of rank-and-file
employees of the California State University and the University of California. (Pub. Contr.
Code, § 10410.)
3.
The spouse or immediate family of a current Chancellor's Office employee (including a
current Chancellor's Office employee or district employee working for the Chancellor's
Office on an Interjurisdictional Exchange (IJE)) may not enter into a subcontract with
Contractor if the Chancellor's Office employee or person on an IJE was engaged in the
negotiations, transactions, planning, arrangement or any part of the decisionmaking process
relevant to this Agreement or the subcontract, or had any influence whatsoever in the
making of this Agreement or the subcontract. (Gov. Code, §§ 1090, et seq.; and 87100.)
Follow-on Contracts
a.
By signing this Agreement, Contractor certifies that neither the Contractor nor any of its affiliates
or subcontractors previously received a consulting services contract from the Chancellor's Office
which resulted in a recommendation by Contractor, its affiliates or subcontractors for the provision
of services, procurement of goods or supplies, or any other related action which is now to be
provided or performed under this Agreement. (Pub. Contr. Code, § 10365.5.)
b.
For purposes of this section, "affiliates" are employees, directors, partners, joint venture
participants, parent corporations, subsidiaries, or any other entity controlled by, controlling, or
under common control with the Contractor. Control exists when an entity owns or directs more
than fifty percent (50%) of the outstanding shares or securities representing the right to vote for the
election of directors or other managing authority.
c.
Should the Chancellor's Office determine, at any time, that the certification contained in paragraph
a. is false or inaccurate, the Chancellor's Office may deem contractor to be in breach of this
Agreement and may terminate the Agreement as provided in the Termination provisions of section
6.c. of Exhibit C to the Agreement. However, to the extent permissible by law, the Chancellor's
Office or its designee, may waive the restrictions set forth in this section by written notice to the
Contractor if the Chancellor's Office determines their application would not be in the best interest
of the Chancellor's Office.
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EXHIBIT C
25.
d.
Except as prohibited by law, the restrictions of this section will not apply to a Contractor, including
any person, firm, or affiliate, that is awarded a subcontract of a consultant services contract which
amounts to no more than 10 percent of the total monetary value of the consultant services
contract.
e.
The restrictions set forth in this section are in addition to conflict of interest restrictions imposed on
public Contractors by California law. In the event of any inconsistency, such conflict of interest
laws override the provisions of this section, even if enacted after execution of this Agreement.
Statewide or Regional Projects
If this Agreement involves provision of coordination, technical assistance, or other services for the
California Community Colleges system or for a particular region or group of colleges, Contractor agrees to
consult regularly with the Project Monitor and representatives of the colleges to be served and to give every
reasonable consideration to their views in the conduct of the project.
Contractor shall require all employees, consultants, and subcontractors to disclose any employment or
contractual relationships they may have with other colleges being served under a statewide or regional
contract or grant. Such relationships are prohibited and shall be promptly terminated unless, after being
fully informed of the circumstances, the Project Monitor determines that the services being provided to the
other college by the employee, consultant, or contractor are above and beyond or unrelated to those
provided under this Agreement.
26.
Surveys
If this contract involves conducting a survey of community college faculty, staff, students, or
administrators, Contractor shall ensure that the survey is developed, administered, tabulated, and
summarized by a survey evaluator/specialist. Surveys shall conform to project goals, shall minimize the
burden on the group being surveyed, and shall not collect data already available to the Contractor from the
Chancellor's Office or another source.
27.
Safety and Accident Prevention
In performing work under this Contract on the premises of the Chancellor's Office, Contractor shall
conform to any specific safety requirements contained in the Contract or as required by law or regulation.
Contractor shall take any additional precautions as the Chancellor’s Office may reasonably require for
safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly
corrected, shall be grounds for termination of this Contract in accordance with the default provisions
hereof.
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California Community Colleges Agreement for the
CalWORKs Program
Contract Agreement No. 07-0031
2007-08 Work Statement
Exhibit F
Of the amount approved in the 2007-08 State Budget Act for the provision of specialized services for
CalWORKs students, up to $300,000 has been set-aside to support and enhance local community college
CalWORKs program operations. These funds will be used to engage in a variety of local technical
assistance projects and activities.
The activities to be carried out under this agreement shall include all of the following:
I. Regional and Statewide Coordination and Consultation
1.1
CalWORKs State Advisory Committee
Four regular CalWORKs State Advisory Committee meetings to include payment for meeting
expenses, travel and per diem for members and to support regional meetings and training events
and local technical assistance activities.
1.2
Other CalWORKs Related Ad Hoc Task Groups
Meetings for CalWORKs Ad Hoc Task Groups. These task groups will review, discuss and
recommend policy changes pertaining to elements relating to the CalWORKs program, i.e.
BOGFW criteria, work study, EOPS/CARE. Includes meeting expenses, travel and per diem for
members.
II. CalWORKs Program Plan Peer Review
2.1
Peer Review
The Chancellor's Office will coordinate a peer review process for the 2007-08 CalWORKs
program plans. Up to 20 CalWORKs directors/coordinators will participate in the peer review
process to evaluate program plans submitted and provide feedback to each college on the quality
and comprehensiveness of the plan submitted. Meeting, travel and per diem expenses will be
paid through this agreement.
III. Miscellaneous Activities
3.1
Statewide Training
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Provide training to new CalWORKs directors/coordinators on issues related to CalWORKs.
Training may include, but is not limited to, sessions on regulations and reporting procedures,
budgets and accounting issues, best practices, technology, and other related issues.
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3.2
Consulting Services
Provide consultation on CalWORKs/Student Services issues. Travel and per diem expenses will
be paid through this grant. The consultants selected shall be subject to approval by the
Chancellor’s Office. Consultant services include, but are not limited to:
a)
b)
3.3
Development of training materials, resources and workshops on CalWORKs
Student Learning Outcomes; and,
On-site, targeted technical assistance and support for up to 10 colleges in the
year.
Reproduction, Dissemination, etc.
Support the reproduction and distribution of reports and other material, which would be of value
to CalWORKs programs. This may include, but is not limited to, reproduction and
dissemination of flyers, brochures, posters, manuals, reports and videotapes.
IV. Administrative Support
4.1
Administrative Support
Provide necessary administrative and fiscal oversight to support the above activities.
All participants attending meetings/trainings/program reviews who require travel reimbursement
will receive the current state approved rates for lodging, meals, automotive and other
transportation expenses.
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CalWORKs Program
Agreement No. 07-0031
2007-08 GRANT BUDGET
Exhibit G
I.
II.
III.
Regional and Statewide Coordination/Consultation
CalWORKs Program Plan Peer Review
Miscellaneous Activities
$18,000
$20,000
$93,000
Subtotal
IV.
Administrative Support
Grand Total
$131,000
$13,100
$144,100
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CalWORKs Program
Agreement No. 07-0031
BUDGET SPECIFICS
Exhibit G
I. Regional and Statewide Coordination/Consultation
Includes per-diem, travel, lodging and meeting expenses for field staff and invited guests to
attend regional meetings of community college CalWORKs and related student services areas.
1.1
CalWORKs State Advisory Committee
Travel expenses for CalWORKs State Advisory Committee meetings.
Includes facility costs.
Total
1.2
$15,000
Other CalWORKs Related Ad Hoc Task Groups
Travel expense for other CalWORKs related task groups to meeting.
Includes facility costs.
Total
$3,000
II. CalWORKs Program Plan Peer Review
2.1
Peer Review
The Chancellor's Office will coordinate a peer review process for the 2007-08 CalWORKs
program plans. Up to 20 CalWORKs directors/coordinators will participate in the peer review
process to evaluate program plans submitted and provide feedback to each college on the quality
and comprehensiveness of the plan submitted. Meeting, travel and per diem expenses will be
paid through this agreement.
Total
$20,000
III. Miscellaneous Activities
3.1
Statewide Training
Provide training to new CalWORKs directors/coordinators on issues related to CalWORKs.
Training may include, but is not limited to, sessions on regulations and reporting procedures,
budgets and accounting issues, best practices, technology, and other CalWORKs related issues.
Includes facilities rental, speaker expenses, and training materials.
Total
$28,000
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3.2
Consulting Services
Provide consultation on CalWORKs/Student Services issues. Travel and per diem expenses will
be paid through this grant. The consultants selected shall be subject to approval by the
Chancellor’s Office. Consultant services include, but are not limited to:
a) Development of training materials and resources and workshops on
CalWORKs Student Learning Outcomes; and,
b) On-site, targeted technical assistance and support for up to 10 colleges in the
year.
Total
$60,000
3.3
Reproduction, Dissemination, etc.
Support the reproduction and distribution of reports and other material, which would be of value
to CalWORKs programs. This may include, but is not limited to, reproduction and
dissemination of flyers, brochures, posters, manuals and videotapes.
Total
$5,000
Total of Activities
$131,000
IV. Administrative Expenses
4. 1
Administrative Expenses
Provide necessary administrative and fiscal oversight to support the above activities. Contractor
shall receive a 10% administrative of the total agreement.
10% administrative fee
$13,100
GRAND TOTAL
$144,100
Report No.:
VI-A-4
Subject:
Sublease Agreement with County of Riverside Economic Development Agency
Background: Presented for the Board’s review and consideration is a renewal sublease
agreement between the Riverside Community College District and the County of Riverside,
Economic Development Agency, to supply office space, classroom, dining room and
kitchen/laboratory facilities to operate the Culinary Academy. The term of this agreement is
from July 1, 2007 through June 30, 2008. Total annual cost of leasing the space will be
$125,601.36. Funding source: General Fund.
Recommended Action: It is recommended that the Board of Trustees ratify the agreement, for
July 1, 2007 through June 30, 2008, for an amount of $125,601.36, and authorize the Interim
Vice Chancellor, Administration and Finance, to sign the agreement.
James L. Buysse
Interim Chancellor
Prepared by: Ruth W. Adams, Esq.
Director, Contracts, Compliance and Legal Services
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SUBLEASE
(Economic Development Agency
1151 Spruce Street, Riverside, California)
The COUNTY OF RIVERSIDE, herein called County, subleases to
RIVERSIDE COMMUNITY COLLEGE DISTRICT, herein called Sublessee, the
property described below upon the following terms and conditions:
1.
Recitals. County holds a leasehold interest, as Lessee, under that
certain Lease Agreement between Daniel C. Burke, Michael P. Burke, Adrienne C.
Burke and Elaine Ortuno, Lessor and County (herein defined as the “Master Lease”)
pertaining to the property described below.
2.
Description.
The subleased premises hereby consist of
approximately 6,600 square feet of office space and 5,435 square feet of shared
common space located within that certain building located at 1151 Spruce Street,
Riverside, California.
3.
Use.
(a) The premises are subleased to Sublessee solely for the
purpose of providing office space with non-proprietary rights.
(b) Sublessee shall have the use of the subleased premises and
common usage of the walkways, rest rooms, driveways, vehicular parking spaces, and
other similar facilities maintained by Lessor for Lessee and the public.
(c) The subleased premises shall not be used for any other
purpose without first obtaining the written consent of County, which consent shall be in
the absolute discretion of County.
4.
Term.
(a) The Term of this Sublease shall be for a period of twelve (12)
months effective as of July 1, 2007 and terminating June 30, 2008.
(b) Any holding over by Sublessee after the expiration of said
term shall be deemed a month-to-month tenancy upon the same terms and conditions
of this Sublease.
5.
Rent. Sublessee shall pay the sum of $10,270.57 per month to
County through its Economic Development Agency as rent for the subleased
premises, payable, in advance, on the first day of the month. In the event Sublessee
cannot take useful occupancy of the subleased premises until after the first day of the
month, the rentals for the first and last month shall be pro-rated on a thirty (30) day
calendar basis, payable on the date of occupancy for the first month and on the first
day of the last month. Rent shall be increased based upon the annual rental increase
in the Master Lease, and on the same date as in the Master Lease, as herein defined.
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6.
Custodial Services. Sublessee shall be responsible for all
custodial within the Culinary including but not limited to carpet and tile floors, Lessor to
provide custodial services to the restrooms in the Culinary.
7.
Utilities. Sublessee shall provide and pay for telephone services.
County shall provide and pay all other utility services.
8.
Maintenance/Repairs. Lessor shall maintain the exterior of the
subleased premises in good working order and repair. Master Lease holder agrees to
allow sublessee, through its maintenance/engineering department, to maintain the
interior of the premises and to make repairs within the restaurant premises, such as
minor plumbing, tile, drywall, etc., to include the exterior restaurant entry-door awning.
Sublesee shall be responsible for cleaning and maintenance of the hoods and shafts
and grease interceptor and all other equipment associated with Culinary operations.
9.
Security. County shall provide security Monday through Friday,
6:30am to 6:00pm. Riverside Community College District agrees to provide regular
college security for students Monday through Sunday beyond regularly scheduled
building security.
10.
Furniture, Furnishings and Equipment.
(a) All furniture, furnishings and equipment that are the property
of the Riverside Community College District are described in Exhibit “A”, attached
hereto and incorporated herein by reference. Furniture, furnishing and equipment that
are the property of the Riverside County Office of Education are listed on Exhibit “B”,
attached hereto and incorporated herein by reference.
(b) At or prior to the termination of this Sublease, Sublessee shall
remove, or cause to be removed, all such furniture, furnishings, equipment and office
supplies from said building, which were not leased from County, in which the
subleased premises are located, and in the event such removal injures or damages
the premises, Subleasee, at Subleasee’s expense, shall restore the subleased
premises.
11.
Signs. Sublessee shall not erect, maintain or display any signs or
other forms of advertising upon the subleased premises without first obtaining the
written approval of County, which approval shall not be unreasonably withheld.
12.
Improvements by Sublessee. Any alterations, improvements or
installation of fixtures to be undertaken by Sublessee shall have the prior written
consent of County. Such consent shall not be unreasonably withheld by County.
13.
Rights of County. County, through its authorized representatives,
shall have the right to enter the subleased premises for the purpose of inspecting,
monitoring and evaluating the obligations of Sublessee hereunder and for the purpose
of doing any and all things which it is obligated and has a right to under this Sublease.
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14.
Compliance with Government Regulations. Sublessee shall, at its
expense, comply with the requirements of all local, state and federal statutes,
regulations, rules, ordinances and orders now in force or which may be hereafter in
force, pertaining to the subleased premises. The final judgment, decree or order of
any court of competent jurisdiction, or the admission of Sublessee in any action or
proceedings against Sublessee, whether Sublessee is a party thereto or not, that
Sublessee has violated any such statutes, regulations, rues, ordinances or orders, in
the use of the subleased premises, shall be conclusive of that fact as between County
and Sublessee.
15.
Termination by County. County shall have the right to terminate
this Sublease forthwith:
(a) In the event a petition is filed for voluntary or involuntary
bankruptcy for the adjudication of Sublessee as debtors.
(b) In the event that Sublessee makes a general assignment, or
Sublessee’s interest hereunder is assigned involuntarily or by operation of law, for the
benefit of creditors.
(c) In the event of abandonment of the subleased premises by
Sublessee.
(d) In the event Sublessee fails or refuses to perform, keep or
observe any of Sublessee’s duties or obligations hereunder; provided, however, that
Sublessee shall have thirty (30) days in which to correct Sublessee’s breach or default
after written notice thereof has been served on Sublessee by County.
(e) County shall have the right to terminate this Sublease with
sixty (60) days’ advance written notice to Sublessee in the event that funding from
county, state, or federal sources is reduced or eliminated.
16.
Notice of non-renewal by Subleasee. In the event the Sublessee
determines it will not renew sublease, Sublesee shall have the right to terminate this
Sublease with one-hundred twenty (120) days advance written notice of the expiration
date of this Sublease to the County.
17.
Insurance. Sublessee shall during the term of this Sublease:
(a) Procure and maintain Workers’ Compensation Insurance as
prescribed by the laws of the State of California.
(b) Procure and maintain comprehensive general liability, and
coverage that shall protect Subleasee from claims for damages for personal injury,
including, but not limited to, accidental and wrongful death, as well as from claims for
property damage, which may arise from Sublessee’s use of the subleased premises or
Page 3 of 8
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August 21, 2007
Page 4 of 14
the performance of its obligations hereunder, whether such use or performance be by
Sublessee, by any subcontractor, or by anyone employed directly or indirectly by
either of them. Such insurance shall name County as an Additional Insured with
respect to this Sublease and the obligations of Sublessee hereunder. Such insurance
shall provide for limits of not less than $1,000,000.00 per occurrence.
(c) Cause its insurance carriers to furnish County by direct mail
with certificate(s) of Insurance showing that such insurance is in full force and effect,
and that County is named as an Additional Insured with respect to this Sublease and
the obligations of Sublessee hereunder. Further, said Certificate(s) shall contain the
covenant of the insurance carrier(s) that thirty (30) days’ written notice shall be given
to County prior to modification, cancellation or reduction in coverage of such
insurance. In the event of any such modifications, cancellation or reduction in
coverage and on the effective date thereof, County shall have the right to cancel this
Sublease with thirty (30) days’ advanced notice in writing to Sublessee, unless County
receives prior to such effective date another certificate from an insurance carrier of
Sublessee’s choice that the insurance required herein is in full force and effect.
Sublessee shall not take possession or otherwise use the subleased premises until
County has been furnished Certificates (s) of Insurance as otherwise required in this
Paragraph 15.
(d) The insurance requirements of Paragraph (a) and (b) above
may be provided through self-insurance, in conjunction with a Joint Powers Authority,
or a combination of both.
18.
Hold Harmless.
(a) Indemnification by RCCD. RCCD shall indemnify and hold
EDA, through the County of Riverside, its officers, agents, employees, and
independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of RCCD, its Trustees, officers and
agents, employees, volunteers, subcontractors, or independent contractors, for
property damage, bodily injury or death, or any other element of damage of any kind or
nature, occurring in the performance of this Agreement to the extend that such liability
is imposed on EDA, through the County of Riverside by the provisions of California
Government Code Section 895.2 or other applicable law; and RCCD shall defend at its
expense, including attorney fees, EDA, through the County of Riverside, its officers
agents, employees, and independent contractor in any legal action of any kind based
upon such alleged acts or omissions.
(b)
Indemnification by EDA, through the County of Riverside.
EDA, through the County of Riverside shall indemnify and hold RCCD, its Trustees,
officers, agents, employees, and independent contractors free and harmless from any
claim or liability whatsoever, based or asserted upon any act or omission of EDA,
through the County of Riverside, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or
death, or any other element of damage of any kind or nature, occurring in the
performance of this Agreement to the extend that such liability is imposed on RCCD by
Page 4 of 8
Backup VI-A-4
August 21, 2007
Page 5 of 14
the provisions of California Government Code Section 895.2 or other applicable law;
and EDA, through the County of Riverside shall defend at its expense, including
attorney fees, RCCD, its officers, agents, employees, and independent contractors in
any legal action or claim of any kind based upon such alleged acts or omissions.
(c) The specified insurance limits required in Paragraph 17 above
shall in no way limit or circumscribe Sublessee’s obligations to indemnify and hold
County free and harmless herein.
19.
Assignment.
Sublessee cannot assign, sublet, mortgage,
hypothecate or otherwise transfer in any manner any of its rights, duties or obligations
hereunder to any person or entity without the written consent of County being first
obtained, which consent shall be in the absolute discretion of County. In the event of
any such transfer, Sublessee expressly understands and agrees that it shall remain
liable with respect to any and all of the obligations and duties contained in this
Sublease.
20.
Toxic Materials. During the term of this Sublease and any
extensions thereof, Sublessee shall not violate any federal, state or local law,
ordinance or regulation, relating to industrial hygiene or to the environmental condition
on, under or about the subleased premises, including, but not limited to, soil and
groundwater conditions. Further, Sublessee, its successors, assigns and Sublessees,
shall not use, generate, manufacture, produce, store or dispose of on, under or about
the subleased premises or transport to or from the subleased premises any petroleum
products, flammable explosives, asbestos, radioactive materials, hazardous wastes,
toxic substances or related injurious materials, whether injurious by themselves or in
combination with other materials, (collectively, “hazardous materials”). For the
purpose of this Sublease, hazardous materials shall include, but not be limited to,
substances defined as “hazardous substances”, hazardous materials”, or “toxic
substances” in the comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; The Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and those
substances defined as “hazardous wastes” in Sections 25115 and 25117 of the
California Health and Safety Code or as “hazardous substances” in Sections 25316
and 25501 of the California Health and Safety Code; and in the regulations adopted in
publications promulgated pursuant to said laws.
21.
Free from Liens. Sublessee shall pay, when due, all sums of
money that may become due for any labor, services, material, supplies, or equipment,
alleged to have been furnished or to be furnished to Sublessee, in, upon, or about the
subleased premises, and which may be secured by a mechanics’, materialman’s or
other lien against the subleased premises or County’s interest therein, and will cause
each such lien to be fully discharged and released at the time the performance of any
obligation secured by such lien matures or becomes due; provided, however, that if
Sublessee desires to contest any such lien, it may do so, but notwithstanding any such
contest, if such lien shall be reduced to final judgment, and such judgment or such
Page 5 of 8
Backup VI-A-4
August 21, 2007
Page 6 of 14
process as may be issued for the enforcement thereof is not promptly stayed, or if so
stayed, and said stay thereafter expires, then and in such event, Sublessee shall
forthwith pay and discharge said judgment.
22.
Employees and Agents of Sublessee. It is understood and agreed
that all persons hired or engaged by Sublessee shall be considered to be employees
or agents of Sublessee and not of County.
23.
Binding on Successors. Sublessee, its assigns and successors in
interest, shall be bound by all the terms and conditions contained in this Sublease, and
all of the parties thereto shall be jointly and severally liable hereunder.
24.
Waiver of Performance. No waiver by County at any time of any
of the terms and conditions of this Sublease shall be deemed or construed as a waiver
at any time thereafter of the same or of any other terms and conditions contained
herein or of the strict and timely performance of such terms and conditions.
25.
Severability. The invalidity of any provision in this Sublease as
determined by a court of competent jurisdiction shall in no way affect the validity of any
other provision hereof.
26.
Venue. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this
Sublease shall be tried in a court of competent jurisdiction in the County of Riverside,
State of California, and the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any other county.
27.
Attorneys’ Fees. In the event of any litigation or arbitration
between Sublessee and County to enforce any of the provisions of this Sublease or
any right of either party hereto, the unsuccessful party to such litigation or arbitration
agrees to pay to the successful party all costs and expenses, including reasonable
attorneys’ fees, incurred therein by the successful party, all of which shall be included
in and as a part of the judgment or award rendered in such litigations or arbitration.
28.
Notices. Any notices required or desired to be served by either
party upon the other shall be addressed to the respective parties as set forth below:
Notices/Rent:
County of Riverside
Economic Development Agency
1151 Spruce Street
Riverside, California 92507
Sublessee:
Contracts, Compliance & Legal Services
Riverside, California 92506
or to such other addresses as from time to time shall be designated by the respective
parties.
ADDITIONAL INFORMATION:
Page 6 of 8
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August 21, 2007
Page 7 of 14
County of Riverside
Department of Facilities Management
3133 Mission Inn Avenue
Riverside, California 92507-4199
or to such other addresses as from time to time shall be designated by the respective
parties.
29.
Permits, Licenses and Taxes. Sublessee shall secure at its
expense, all necessary permits and licenses as it may be required to obtain, and
Sublessee shall pay for all fees and taxes levied or required by any authorized public
entity. Sublessee recognizes and understands that this Sublease may create a
possessory interest subject to property taxation and that Sublessee may be subject to
the payment of property taxes levied on such interest.
30.
Paragraph Headings. The paragraph headings herein are for the
convenience of the parties only, and shall not be deemed to govern, limit, modify, or in
any manner affect the scope, meaning or intent of the provisions or language of this
Sublease.
31.
County’s Representative. County hereby appoints the Director of
Facilities Management as its authorized representative to administer this Sublease.
32.
Agent for Service of Process. It is expressly understood and
agreed that in the event Sublessee is not a resident of the State of California or it is an
association or partnership without a member or partner resident of the State of
California or it is a foreign corporation, then in any such event, Sublessee shall file with
the County’s Director of Facilities Management, upon its execution hereof, a
designation of a natural person residing in the State of California, giving his or her
name, residence and business addresses, as its agent for the purpose of service of
process in any court action arising out of or based upon this Sublease, and the
delivery to such agent of a copy of any process in any such action shall constitute valid
service upon Sublessee. It is further expressly understood and agreed that Sublessee
is amenable to the process so served, submits to the jurisdiction of the court so
obtained and waives any and all objections and protests thereto.
33.
Entire Sublease. This Sublease is intended by the parties hereto
as a final expression of their understanding with respect to the subject matter hereof
and as a complete and exclusive statement of the terms and conditions thereof and
supersedes any and all prior and contemporaneous leases, agreements, and
understandings, oral or written, in connection therewith. This Sublease may be
changed or modified only upon the written consent of the parties hereto.
34.
Subject to Master Lease. Sublessee expressly understands and
agrees that this Sublease is subject to, and bound by, the terms and conditions set
forth in the Master Lease as herein defined. A copy of the Master Lease is attached
hereto as Exhibit “C” and incorporated herein by reference.
Page 7 of 8
Backup VI-A-4
August 21, 2007
Page 8 of 14
35.
Interpretation. The parties hereto have negotiated this Sublease
at arms length and with advice of their respective attorneys, and no provision
contained herein shall be construed against County solely because it prepared this
Sublease in its executed form.
36.
Approval. This Sublease shall not be binding or consummated
until its approval by the County’s board of Supervisors.
Dated:_________________
RIVERSIDE COMMUNITY COLLEGE
DISTRICT
(Sublessee)
By:__________________________________
Aaron Brown, Interim Vice Chancellor,
COUNTY OF RIVERSIDE
By:__________________________________
JOHN TAVAGLIONE
Chairman
Board of Supervisors
CONSENT TO SUBLEASE:
By:___________________________________
By:___________________________________
Page 8 of 8
Backup VI-A-4
August 21, 2007
Page 9 of 14
RCC Asset Tag #
015623
016485
016483
021735
011229
007950
016484
019483
031956
031955
031582
031579
031577
031576
031575
031578
031580
031581
031583
031584
034222
034214
034220
034145
034341
034340
032662
032666
032661
032660
032668
032669
032670
032671
034488
034461
034221
019588
019577
034415
034416
034417
019592
019582
019579
019629
019631
019637
019589
019572
019583
Equipment purchased by RCC
Description
Make
PROJECTOR - OVERHEAD
3M
MONITOR - 17 INCH
GATEWAY
PRINTER - LASERJET
HP
COPIER
SHARP
COMPUTER - CPU PC
GATEWAY
MONITOR
GATEWAY
COMPUTER - CPU PC
GATEWAY
COMPUTER - CPU PC
GATEWAY
MONITOR
VIEWSONIC
MONITOR
VIEWSONIC
FLAT TOP
BLODGETT
BURNER RANGE
BLODGETT
ACCSTEAM
FLAT GRIDDLE
CHARBROILER
BLODGETT
PITCO
FRYER ASSEMBLY
BURNER RANGE
BLODGETT
CONVECTION OVEN
BLODGETT
CONVECTION OVEN
BLODGETT
FOOD PROCESSOR
ROBOT COUPE
BLENDER STICK
ROBOT COUPE
PROJECTOR
TOSHIBA
MIXER
HOBART
AUTOMATIC TOSTER
TOASTQWIK
ALTO-SHAAM
HOLDING CABINET
CPU PC
GATEWAY
MONITOR
GATEWAY
LCD TV
JVC
LCD TV
JVC
LCD TV
JVC
LCD TV
JVC
WALL VIEW CAMARA
VADDIO
CEILING VIEW CAMERA
VADDIO
VIDEO MATRIC
KRAMER
CEILING VIEW CAMERA
VADDIO
VACUUM MASTER
VACMASTER
PASTA MACHINE
IMPERIA
SMOKER
COOKSHACK
MONITOR - 15 INCH - FLATSCREEN GATEWAY
COMPUTER - CPU PC
GATEWAY
SWITCH
CISCO
ROUTER
CISCO
APC
UPC
COMPUTER - CPU PC
GATEWAY
COMPUTER - CPU PC
GATEWAY
COMPUTER - CPU PC
GATEWAY
COMPUTER - CPU PC
GATEWAY
COMPUTER - CPU PC
GATEWAY
Model #
9550
VX720
2100
AR-M208
E4200
VIVITRON
E3400-800
E6000
VS10047
VS10047
B36DHHH
B36DBBB
GGF1201
B36ACCC
2SG14
B36DBBBHD
DFC200
DFC200
BLIXER 4
MP450C
TLPT60M
LEGACY
TQ400
1000UP
E6610D
FPD1965
LT37X787
LT37X787
LT37X787
LT37X787
9992704000
9992004000
VS162V
9992004000
SVP10
RMN
150
FPD1530
E6000
3560
M2l36
A15M78
FPD1530
FPD1530
E6000
E6000
E6000
E6000
FPD1530
E6000
FPD1530
Serial #
1055870
P008142307
USGH234672
25038849
0010885832
8808682
0020625215
0028179437
P37055030726
P37060220954
05C91894
05C91893
3568
05l07793
D044306
05l07794
021505EA01ST
021505EA019B
4100113403X05
1510133003T05
54639786
311370208
3643590712
474223000
0039187627
MZR7450H00528
10131005
10131291
13132384
10130505
50102095237
999200400005007035
10120695212
999200400005007031
7689
N/A
AH4503
MUL5018A0014205
0028110709
CAT0810X0M1
FTX1026F0A
JS0641009069
MUL5018A0014220
MUL5018A0014206
0028110698
0028110701
0028110705
0028110725
MUL5018A0014200
0028110712
MUL5018A0014190
Backup VI-A-4
August 21, 2007
Page 10 of 14
RCC Asset Tag #
019630
019584
019571
019591
019580
019590
019652
034156
034157
Asset Tag #
A02006
A02022
A02021
A02007
A02020
A02019
A02018
A02008
A02017
A02016
A02026
A02025
A02001
A02002
A02024
A02003
A02004
A02023
A02005
A02073
A02074
A02075
A02076
A02077
A02078
A02009
A02015
A02014
A02013
A02012
A02010
A02011
A02027
A02028
A02029
A02049
A02050
A02051
Description
MONITOR - 15 INCH - FLATSCREEN
COMPUTER - CPU PC
COMPUTER - CPU PC
COMPUTER - CPU PC
CCTV SYSTEM
4 CHANNEL DVR
Make
GATEWAY
GATEWAY
GATEWAY
GATEWAY
GATEWAY
GATEWAY
GATEWAY
LOREX
LOREX
Model #
FPD1530
FPD1530
E6000
FPD1530
E6000
FPD1530
E6000
S615F6584
L15481
Tagged with RCC Tags (not purchased by RCC)|
Description
Make
Model #
REFRIGERATOR
TRAULSEN
G10010
ANDERSON
HICKEY CO.
N/A
METAL STORAGE UNIT CABINET
METAL PLATE STORAGE
LAKESIDE
8552
PRINTER
HP
932C
N/A
DESK
N/A
N/A
FOOD PREP TABLE
N/A
FOOD PREP TABLE
N/A
N/A
MIXER
HOBART
A200T
MIXER STAND
N/A
N/A
WORK TABLE
N/A
N/A
METAL CAGE
AMCO
N/A
METAL CAGE
METRO
N/A
4H4837A
METAL STORAGE UNIT CABINET
KELMAX
MIXER
KITCHEN AID
KM25G
MIXER
KITCHEN AID
KM25G
MIXER
KITCHEN AID
KP26M1XMR
TABLE
N/A
N/A
MIXER STAND
N/A
N/A
MIXER STAND
N/A
N/A
TV
PANASONIC
PVM2737
TV
PANASONIC
PVM2738
FOOD BAR/WARMER
VOLLRATH
37040
PRINTER
HP
2175
PRINTER
HP
2175
PROJECTOR - OVERHEAD
3M
9100
STAINLESS WORK TABLE
EAGLE
N/A
SMALL MIXERS
KITCHEN AID
K5SS
SMALL MIXERS
KITCHEN AID
K5A
SMALL MIXERS
KITCHEN AID
KM25G
N/A
METAL CAGE
N/A
N/A
METAL CAGE
N/A
N/A
METAL CAGE
N/A
METAL CAGE
N/A
N/A
METAL CAGE
N/A
N/A
N/A
N/A
SOUP WARMER
TAR HONG
SEJ30000TW
N/A
N/A
N/A
N/A
Serial #
MUL5018A0012859
MUL5018A0014188
0028110693
MUL5018A0014211
0028110708
MUL5018A0014196
0028110692
B0107021856
A0106056435
Serial #
T08255J05
N/A
N/A
CN1171S2RD
N/A
N/A
N/A
311099573
N/A
N/A
N/A
N/A
N/A
WS4324291
WS4324278
WT1427220
N/A
N/A
N/A
D7AA10660
D8AA11651
L41
MY31MB74ZW
MY44RF72RW
N/A
N/A
N/A
N/A
WS1918049
N/A
N/A
N/A
N/A
N/A
N/A
302180323
N/A
N/A
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August 21, 2007
Page 11 of 14
RCC Asset Tag # Description
STAINLESS WORK TABLE, REFRIG,
CUTTING BOARD
A02052
FRYER
A02053
WARMER FOR THE FRIES
A02054
WORK TABLE (WOOD)
A02055
WORK TABLE (WOOD)
A02056
SEVING COUNTER
A02057
DISHWASHER
A02058
MEDAL SHELVES
A02059
A02060
A02061
A02062
A02063
A02065
A02064
A02066
A02067
A02068
A02069
A02069
A02071
A02030
A02031
A02033
A02034
A02036
A02035
A02037
A02038
A02039
A02040
A02041
A02042
A02043
A02044
A02045
A02046
A02047
A02048
EDA Asset Tag #
8069
8132
032331
032320
032330
032418
032170
010324
HEATER
SINK
PREPARATION SINK
SINK
SAUSAGE MAKER
FOOD SHOPPER
STAINLESS WORKSTATION
FOOD WARMER
OFFICE DESK
STAINLESS CART
SOUP WARMER
FAX MACHINE
STEAMER
MEDAL SHELVE STAND
MEDAL SHELVE STAND
MEDAL SHELVE STAND
MIXER
SLICER
EXHAUST HOOD
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
MEDAL SHELVE
Make
Model #
Serial #
WELLS MFG
PITCO
N/A
N/A
N/A
LAKESIDE
N/A
N/A
BREDFORD
WHITE CO.
N/A
N/A
N/A
DICK
N/A
N/A
N/A
N/A
LAKESIDE
TAR HONG
BROTHER
VULCAN
N/A
N/A
N/A
N/A
N/A
N/A
HOBART
HOBART
VENTMATIC
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
M0D400TD
N/A
N/A
N/A
N/A
493
N/A
N/A
1341
N/A
N/A
N/A
N/A
N/A
N/A
N/A
CF6
N/A
N/A
N/A
HTW6
N/A
N/A
N/A
N/A
744
SEJ30000TW
MFC
24276
N/A
N/A
N/A
N/A
N/A
N/A
D300T
1712E
EC0FDR
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
E3370645
N/A
N/A
N/A
176
N/A
N/A
N/A
N/A
N/A
040716056F
U61327J6J685922
3304
N/A
N/A
N/A
N/A
N/A
N/A
311101861
561066571
4081
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
EDA Equipment Transferred to RCC (EDA asset tags)
Description
Make
Model #
CPU
HP
VECTRO
PRINTER
HP
D8901A
N/A
FOOD PREP TABLE
N/A
N/A
FOOD PREP TABLE
N/A
N/A
FOOD PREP TABLE
N/A
SHEETER
RONDO
STM513
DOUGH CUTTER
DUTCHESS
D021824
A200
MIXER
HOBART
Serial #
US94470674
MY93305913
N/A
N/A
N/A
B6A097003
10526
11271741
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August 21, 2007
Page 12 of 14
RCC Asset Tag #
032324
032319
001656
006400
039718
032322
037715
025445
032338
032306
032336
032303
032345
032307
036569
006387
032321
032301
008101
008012
008067
008720
007558
010556
007984
008049
007335
008071
008126
025410
025408
025407
039744
010456
008044
039745
008869
007904
008091
008081
Description
TABLE
TABLE
METAL STORAGE CABNIT
REFRIGERATOR
PRINTER
FOOD PREP TABLE
FREEZER
FREEZER
ICE MAKER
FREEZER
FREEZER
WALK-IN FREEZER
REFRIGERATOR
FREEZER
REFRIGERATOR
FOOD WARMER
FOOD PREP TABLE
MEDAL SHELVE
CPU
MONITOR
CPU
MONITOR
MONITOR
CPU
CPU
MONITOR
CPU
CPU
MONITOR
CPU
MONITOR
CPU
CPU
PRINTER
MONITOR
CPU
NETWORK
MONITOR
CPU
CPU
Make
N/A
N/A
N/A
VRECO
HP
N/A
RAETONE
TRAULSEN
SCOTSMAN
HOBART
HOBART
THERMO COOL
HOBART
HOBART
RAETONE
TOASTMASTER
N/A
N/A
HP
HP
HP
HP
HP
HP
HP
HP
HP
HP
HP
DELL
DELL
DELL
DELL
HP
HP
DELL
LINKSYS
HP
HP
HP
Model #
N/A
N/A
N/A
F1V25
4100TN
N/A
130N
G22010
N/A
Q1
AHP16
N/A
Q1
Q1
130N
3822
N/A
N/A
N/A
N/A
VECTRA
HP71
HP72
VECTRA
VECTRA
HP71
VECTRA
VECTRA
N/A
DHS
M782
DHS
DHS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Serial #
N/A
N/A
N/A
35511
81208381
N/A
AB8250R11
T229270K91
N/A
321045057
660603232
169180
321042273
321045296
B8250R11
2149177
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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August 21, 2007
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TEACHING & LEARNING
Report No.:
VI-A-6
Subject:
Sabbatical Leave Request
Background: A sabbatical leave request for Ms. Delores Middleton for spring 2008 is being
presented for information. Ms. Middleton is the Program Director /Assistant Professor for the
Physician Assistant Program at the Moreno Valley campus. The request will be submitted as a
consent item to the Board at the August 21, 2007 meeting.
Information Only.
James L. Buysse
Interim Chancellor
Prepared by: Kristina Kauffman
Associate Vice Chancellor, Institutional Effectiveness
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August 21, 2007
Page 1 of 4
DELORES MIDDLETON’S
SABBATICAL LEAVE REQUEST
FOR SPRING 2008
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SABBATICAL LEAVE REQUEST FORM
FACULTY MEMBER___Delores Middleton___________________________
DEPARTMENT _________Health Human and Public Services_______________
DATES AND DURATION OF SABBATICAL LEAVE REQUESTED:
(Review Article XIII, Section M of the Agreement between the Riverside Community College
District and the Riverside Community College Chapter CTA/NEA for details.)
___ __ FULL YEAR’S LEAVE FOR _______________________________________________
(70% REGULAR SABBATICAL LEAVE)
____FULL YEAR’S LEAVE FOR _________________________________________________
(100% SPECIAL SABBATICAL LEAVE)
___X_SEMESTER LEAVE FOR ___________Fall 2007 or Spring 2008_________________
(100% SEMESTER SABBATICAL LEAVE)
____RETURN TO INDUSTRY LEAVE FOR ________________________________________
ABSTRACT OF PURPOSE OF SABBATICAL LEAVE:
To complete the research for my dissertation on providing an opportunity to improve services to
students in the Riverside Community College District by achieving a greater understanding of
their academic needs in specialized programs and to promote better student outcomes
Complete this form and the top section of the Sabbatical Leave Request form along with your
draft per the Sabbatical Leave Proposal Guidelines. (See attached page).
Submit to the Office of Institutional Effectiveness by February 15 for the following academic
year and by May 15 for the following spring semester only.
A “Certificate of Health” signed by physician must accompany this application (Article XIII,
M,3,d). Please be aware that a Sabbatical Leave Bond will be required following Board approval.
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August 21, 2007
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Sabbatical Leave Proposal
Re: Delores Middleton, Associate Professor
I.
Overview of purpose and Content
The purpose of this sabbatical leave is to provide an opportunity to improve services to students
in the Riverside Community College District by achieving a greater understanding of their
academic needs in specialized programs, to promote better student outcomes. The Physician
Assistant Program has experienced a recent decline in physician assistant students percentage
pass rate on the Physician Assistant National Certifying Examination (PANCE) as well as an
increase in the student attrition rate in the program. Other programs in the Department of
Health, Human and Public Services are having similar experiences with attrition. The lack of
educational preparedness of students in these programs contributes to lack of successful student
outcomes. Identifying key predictors for student success in highly specialized programs will
provide insight for these programs as the programs plan curriculum geared for educating students
from educationally diverse backgrounds. The District’s admission policy ensures equity in
access, but this process does not guarantee diversity in student outcomes. Successful completion
of these programs leads to attainment of high paying professional careers that will advance the
socioeconomic status of the students, thereby enhancing their lifestyles and providing resources
for themselves and the community. It is therefore, important that these programs understand the
needs of the students and implement support services that will help students in these programs be
successful.
I have completed the academic course work for my doctoral degree at the University of Southern
California Rossier School of Education. My research topic is two fold: 1). Identifying key
indicators that predict student success, and 2). Assessing program effectiveness using the Equity
Scorecard.
I am requesting a sabbatical leave for one semester to complete the research for my dissertation.
I believe that the information learned from this research will benefit all health science programs
in the District.
A. Goals of the Sabbatical Leave
The goal of the sabbatical leave is to complete the research necessary to:
a. identify barriers to student success
b. identify student support services that will promote student success
c. validate the need for curriculum changes to promote equity in student
outcomes.
B. Activities to Meet the Goals
Engage in data analysis necessary to investigate the research proposal.
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August 21, 2007
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II.
Outcomes of the Sabbatical Leave
At the completion of this sabbatical leave I will be able to do the following:
1. Validate the admission criteria used to enroll students in the PA program.
2. Identify key indicators that predict students’ success in specialized academic
health programs.
3. Recognize student support services that will support student success once
indicators have been identified.
4. Identify student support services in the health science program in the
Department of Health Human and Public Services that will promote equity
in student outcomes.
5. Document a correlation between access and equity in outcomes.
6. Recommend curriculum changes that promote equity in outcomes.
Report No.:
VI-A-7
Subject:
Agreement with North County Vending, Inc.
Background: Presented for the Board’s review and consideration is an agreement between
Riverside Community College District and North County Vending, Inc. to furnish all specified
food items, hot and cold beverages, supplies, and equipment and all management and labor
necessary for the efficient, nutritional, sanitary and ecologically sound operation of the vended
food services on the Riverside, Moreno Valley and Norco campuses. The vendor will provide an
appropriate number of machines that equal or exceed the current service level provided subject to
the District’s approval. The term of the agreement is for the period of August 22, 2007 through
June 30, 2012. In exchange for the right to be the exclusive vendor of vended food, snack and
hot beverage products, North County Vending guarantees a minimum yearly commission of
$22,000.00, or 25% of gross sales, whichever is greater, to Riverside Community College
District. Funding source: No cost to the District.
Recommended Action: It is recommended that the Board of Trustees approve the agreement
from August 22, 2007 through June 30, 2012, for an estimated amount of $22,000.00, and
authorize the Interim Vice Chancellor, Administration and Finance, to sign the agreement.
James L. Buysse
Interim Chancellor
Prepared by: Debbie DiThomas
Interim Vice Chancellor, Student Services and Operations
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August 21, 2007
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AGREEMENT FOR VENDING SERVICES
BETWEEN
AND
NORTH COUNTY VENDING, INC.
1.
PARTIES AND DATE
This Agreement (“Agreement”) also referred to as Contract (“Contract”) by and between
Riverside Community College District, a California political subdivision of higher education
organized and operating pursuant to the laws of the State of California and having its principal
office at 4800 Magnolia Avenue, Riverside, California 92056 (“District”) and North County
Vending, Inc. a corporation with its principal office located at 511 Olive Avenue, Vista,
California 92083 (“Vendor”) (collectively, “Parties”) is effective as of the 22nd day of August,
2007.
2.
RECITALS
2.1 REQUEST FOR PROPOSAL
In or about April 2007, the District invited proposals for the management and operation of its
college vending services located at its Riverside City Campus, Moreno Valley Campus, Norco
Campus, and any other locations over which the District has control, and the Vendor submitted a
proposal on May 22, 2007.
2.2 ENGAGEMENT OF VENDOR
After reviewing the proposal submitted by the Vendor, the District believes that the Vendor
represents the value and cost-effectiveness sought by the district, and that it is in the best
interests of the district to engage the Vendor to operate vending services for the District on the
terms and subject to the conditions set forth herein.
3. INCORPORATION OF THE DOCUMENTS BY REFERENCE
The District’s Request For Proposal Vending Service dated as of April 21, 2007, attached hereto
as Exhibit A and the Vendor’s completed Request For Proposal Vending Service dated May 22,
2007, attached hereto as Exhibit B, (collectively, “Incorporated Documents”) are incorporated
herein by reference in order to provide information and clarification regarding the intent of the
Parties. In the event of a dispute or conflict between the terms of the Agreement and the
Incorporated Documents, the terms of this Agreement shall control.
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August 21, 2007
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4.
CONDITIONS OF THE CONTRACT
4.1 SCOPE
The Vendor shall furnish all food, beverages (those not supplied by the District’s soft drink
vendor), supplies, and equipment herein specified and all management and labor necessary for
the efficient, nutritional, sanitary and ecologically sound operation of the vended food services
included in this Contract.
4.2 TERM - LENGTH OF CONTRACT
This Contract is for the period of August 22, 2007, through June 30, 2012, subject to yearly
review. The District will review the performance of the Vendor on a yearly basis throughout the
life of the Contract. If the performance is found to be satisfactory, the Contract will continue
unabated. Should the performance be found unsatisfactory, the District may terminate the
Contract effective June 30th of the current year.
The Vendor, having entered into this Contract, will hold its proposed pricing and commission
structure firm for the five-year period. Should there be market and/or industry changes during
the life of this Contract which, as a result, would substantially affect the ability of the Vendor to
fulfill its obligation to the District, those changes can be reviewed by both parties and any
changes to the pricing and/or commission structure mutually agreed upon (see Section 4.4).
4.3 DEFAULT - TERMINATION - CANCELLATION
In the event the Vendor fails to deliver the goods and services in accordance with this Contract,
or fails to maintain or help enforce any of the terms and conditions of this Contract, the District
will notify the Vendor in writing of such failure and require that the same be remedied within ten
(10) days. Should the Vendor fail to remedy the same within said period, the District may find
the Vendor in default of the Contract and shall have the right to cancel and terminate the
Contract without further notice by providing written notice to the Vendor. In such case, it will
be incumbent upon the Vendor to continue operations, subject to all agreement terms, until
relieved by a newly selected Vendor. The District reserves the right to hold the Vendor
responsible for any costs resulting from such default.
In the event the Vendor fails to maintain and keep in force its liability insurance, the District
shall have the right to cancel and terminate this Contract forthwith and without notice.
4.4 CHANGES TO THE CONTRACT
The District and the Vendor may agree in writing to modify the scope of the Contract. Any
increase or decrease in the price of the Contract resulting from such modification shall be agreed
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August 21, 2007
Page 3 of 15
to by both parties as a part of their written agreement to modify the scope of the Contract.
4.5 PERFORMANCE BOND
The District reserves the right to require the Vendor to provide a performance bond in an amount
equal to the guaranteed commission for the first year. Such bond shall be drawn upon an
admitted surety in California and shall be in effect for the life of the Contract.
4.6 INSURANCE
Vendor will, for the life of the Contract, maintain liability and worker compensation insurances
as follows:
Commercial General Liability
minimum $1,000,000.00, per occurrence
minimum $2,000,000.00, general aggregate
Automobile Liability
minimum $1,000,000.00, combined single limit
Workers Compensation
minimum $1,000,000.00
These policies shall:
- name the District as additional insured,
- shall contain a covenant requiring thirty (30) days written notice to the District before
cancellation, reduction, or other modifications of coverage,
- be primary and non-contributing with any insurance carried by the District, and
- contain a severability of interests clause in respect to gross liability, protecting each name
insured as though a separate policy had been issued to each.
Vendor will provide insurance certificates indicating the required minimum coverage issued by a
surety admitted by the California Department of Insurance for these types of insurance. Renewal
certificates shall be provided as necessary during the life of the Contract.
4.7 HOLD HARMLESS
The Vendor shall save and keep harmless, defend and indemnify the District its officers, trustees,
agents and employees against any and all liability, claims, costs of whatsoever kind and nature
for injury to or death of any person or persons and for loss or damage to any property (District or
otherwise) occurring in connection with or in any way incidental to or arising out of the
occupancy, use, service, operations, or performance of work in connection with this Contract,
resulting in whole or part from the malfunction of vending machines or the negligent acts of the
Vendor, the Vendor’s employee(s), agent(s), or representative(s), or from spoilage or
contamination of food and/or beverage products.
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August 21, 2007
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4.8 RISK - DAMAGES - LOSS
Vendor’s Equipment: The Vendor shall bear the full responsibility for all risk to loss to their
equipment, and money or product loss resulting from vandalism or theft, and shall not penalize
the District for any losses incurred. The District will take normal and reasonable care to prevent
damage to the Vendor’s equipment. The District shall cooperate with the successful Vendor in
devising a mutually agreeable arrangement in the event problems arise regarding the security of
machines vending products, or receipts. Any damage or loss shall be immediately reported to
College Safety and Police at (951) 222-8172.
Vendor’s Staff: The Vendor shall bear any loss from dishonest, destructive, or criminal acts on
the part of the Vendor or its employees.
Installation Sites (District Property): Any damage to existing utilities, equipment, or finished
surfaces resulting from the performance of this Contract shall be repaired to the District’s
satisfaction at the Vendor’s expense.
4.9 PERMITS - LICENSES - BONDS
The Vendor shall be responsible for obtaining and keeping current all permits, licenses, and
bonds required by the City of Riverside, the County of Riverside, and the State of California
relating to the operation of its business and its execution of this Contract.
4.10 LAWS - CODES - REGULATIONS
The Vendor shall comply with and adhere to all laws, codes and regulations set forth by the City
of Riverside, the County of Riverside, the State of California, and any other applicable
regulatory agency in all aspects of the operation of its business and its execution of this Contract
including but not limited to Labor, Health and Safety, Food, Education, and Public Contract.
The Vendor shall be responsible for obtaining all applicable licenses and the collection/payment
of all Federal, State and Local taxes and CRV fees for operating this specified vending service.
4.11 TAXES
The Vendor shall be responsible for the payment of all taxes generated from sales in the
execution of this Contract. These taxes shall be included in all prices of vended items.
4.12 OWNERSHIP OF EQUIPMENT
Ownership of all vending equipment provided by the Vendor shall remain with the Vendor. The
District shall have no financial obligation to or interest in the equipment.
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August 21, 2007
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4.13 NON-DISCRIMINATION
The Vendor herein agrees not to discriminate in its recruiting, hiring, promotion, demotion or
termination practices on the basis of race, religious creed, national origin, ancestry, sex, age,
mental disability, medical conditions, marital status, or physical handicap except as provided in
Section 12940 of the Government Code in the performance of this Contract and to comply with
the provisions of the State Fair Employment Practices as set forth in Part 7 of Division 2 of the
California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88352,
and all amendments thereto; Executive Order 11246, and all administrative rules and regulations
issued pursuant to such acts and order. Vendor understands that harassment of any District
student or employee by Vendor’s employees, agents or representatives, with regard to race,
religion, gender, disability, medical condition, marital status, age or sexual orientation, is strictly
prohibited.
4.14 ASSIGNMENTS
The Vendor will not assign the whole or any part of this Contract to any other entity without
express written consent of the District and all sureties executing bonds on behalf of the Vendor
in connection with this Contract. Under no circumstances will any part of this Contract be
transferred, sold, or sublet to any other entity without full consent and written approval of the
District.
4.15 CHANGE IN OWNERSHIP OR NAME OF VENDOR
The Vendor will notify the District immediately upon any change of ownership, legal nature, or
name, and provide adequate proof of such on request.
4.16 MINIMUM SALES REQUIREMENTS
There shall be no minimum sales requirements during the life of this Contract.
5.
SERVICES and STAFF
The Vendor shall be responsible for providing sufficient personnel and support services to insure
timely maintenance of vending machines to the satisfaction of the District. Machines shall be
serviced frequently enough to insure a wide selection of products is available seven days a week.
5.1 CONDUCT OF STAFF
Vendor’s staff shall always conduct itself in a professional, courteous, and safe manner while on
District property, and be familiar with and adhere to District policies regarding parking and
vehicle speed. Vendor’s staff who disregards these items will be asked to leave the property and
the Vendor will be notified of such disregard.
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August 21, 2007
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5.2 UNIFORMS
Vendor’s staff, while performing the requirements of this Contract, shall be attired in uniforms
which easily and appropriately identify the Vendor and the staff by name.
5.3 STOCKING/RESTOCKING
Vendor shall upon arrival for stocking/restocking of machines notify District personnel as
designated by the District and upon completion of duties notify same. District personnel may
elect to accompany the Vendor during this activity.
Vendor shall schedule restocking visits at a frequency mutually agreed upon by the District and
the Vendor, ensuring optimum stock levels in machines at all times (with the exception of
official school breaks) and timely removal of spoilable items prior to the expiration date. Vendor
will indicate to the District if/when changes may be needed to that schedule. Specifically,
machines containing sandwiches need to be checked and/or re-stocked on a daily basis.
Vendor shall have adequate supplies for each restocking visit to ensure complete filling of each
machine.
5.4 CLEAN AND SANITARY
All vending areas and equipment, including exterior and interior surfaces, shall be maintained by
the Vendor in a clean and sanitary condition that meets or exceeds regulations set forth by the
District and by any public agency regulating food service operations. The District’s custodial
staff will perform reasonable cleaning of the areas near the machines, but the actual
responsibility for cleaning and sanitation rests with the Vendor.
5.5 TRASH
All trash generated by the Vendor during its visits in association with this Contract shall be
removed from the vending areas by the Vendor to an area designated by the District for trash
collection. Vendor shall not leave any boxes, wrappers, spoiled food, or other detritus in the
vending areas or in any area not designated by the District to be for trash collection.
5.6 PREVENTATIVE MAINTENANCE
Vendor shall have established a documented preventative maintenance program, including
regular replacement of worn parts, for all equipment placed with the District to ensure proper and
continuous operation. Back-up or replacement equipment and repair parts and components
should be readily available to minimize any out-of-service time for any machine.
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August 21, 2007
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Vendor shall coordinate scheduled maintenance with designated District personnel to take place
at such times as to minimize interruption of service (i.e. during non-peak times such as lunch).
Vendor will provide District with detailed report upon completion of service.
Vendor shall have sole responsibility for maintaining the equipment in good, proper working
order in accordance with policies, procedures, and practices of the original equipment
manufacturer.
5.7 SERVICE CALLS and RESPONSE TIME
Vendor shall have established a documented procedure for the handling of calls for service for
unexpected equipment malfunctions. That procedure shall include, but not be limited to:
- local or toll-free phone number for placing calls
- calls answered by a member of the Vendor’s staff during usual and customary business hours
- answering machine or answering service for calls placed after business hours
- guaranteed on-site response time by a qualified service technician of twenty-four (24) hours for
calls placed during business hours
- equipment replacement of similar nature for equipment that cannot be repaired on-site or that
will be unable to be repaired within three (3) calendar days
- detailed report of service performed and anticipated completion time (if not completed in one
call) presented to District staff at the conclusion of each visit.
In the event a vending machine cannot be maintained in a full operational status, that machine
shall be replaced, within three (3) days, with an equivalent machine to insure continuity of
vending services. All machines shall display a phone number to be used for reporting a machine
that is malfunctioning/inoperable. It shall be the responsibility of the Vendor to maintain its
vending equipment in a manner consistent with acceptable vending practice that will enhance
product marketability and insure the continuation of required levels of service from all such
vending machines installed on the RCCD campuses.
The District reserves the right to request permanent replacement of any piece of equipment it
deems to have excessive malfunctions.
5.8 PERIODIC REVIEW
District representatives and the Vendor will conduct periodic reviews (equipment, service,
promotions, finances and prices), once yearly at the minimum, to ensure that the existing
Contract continues to be mutually beneficial terms, conditions and rates may be amended in
writing with the consent of both parties.
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August 21, 2007
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6.
PRODUCTS
6.1 LIST OF PRODUCTS and QUALITY CONTROL
The Vendor shall provide a varied, current, and popular selection of products, including but not
limited to the following:
-chips
-cookies
- candies, mints
- Hostess or equivalent
- Lunchables or equivalent
- Hot Pockets, Lean Pockets, or equivalent
- sandwiches (fresh)
- burritos (fresh or frozen)
- popcorn (microwave and/or ready-to-eat)
- juices
- milk
- hot beverages
All brands offered must be well-recognized and commonly accepted by consumers in Southern
California.
Gum, cigarettes and any other tobacco products are not permitted in the vending machines on
any District property..
6.2 PRODUCT APPROVAL AND EVALUATION
The District shall be the sole judge of whether a product meets normally accepted standards for
food and beverages in vending machines. Items the District deems to be unacceptable or
unsatisfactory shall be removed from the vending machines immediately upon request. The
decision of the District regarding each or any item shall be final.
If requested, the Vendor shall submit, at no charge to RCCD, one sample for each item requested
for evaluation. Samples shall be submitted, properly labeled and with the Vendor’s name, to the
office listed in 2.1 of the RFP. Evaluation and quality control elements include:
a.
b.
c.
d.
e.
f.
g.
Appearance
Taste
Texture
Shelf life
Color
Size and weight
Aroma (where applicable)
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h. Packaging
i. Include proposal for fresh made sandwiches and salads
The District reserves the right to discontinue service of all or any portion of any Contract
resulting from this bid for any reason determined by the RCCD to be detrimental to the health
and welfare of the students and college personnel, or fails to meet Contract specifications or
wholesomeness standards, and to hold the Vendor in default. All products received under this
Contract shall be processed according to the health and sanitation standards for plant facilities
and food processing established by the locality and the State of California (where the Vendor’s
plant is presumably located) or by the applicable federal standards, whichever is higher.
6.3 PRODUCT LABELING / FRESHNESS/ PERISHABLES
All vended products shall be labeled in compliance with all U.S.D.A., F.D.A., state and local
regulations regarding such, including but not limited to freshness dating (“use by” or expiration
date), ingredients, and nutritional information.
All vended items not sold prior to the freshness expiration date shall be removed from the
machines by the Vendor on or before that date and replaced with fresh, new items. The Vendor
shall not allow spoiled food items to remain in vending machines. The District may instruct the
Vendor on a preferred rotation schedule for perishable items.
6.4 FRESH PRODUCTS – PREPARATION and PACKAGING
All fresh products provided by the Vendor shall be processed/prepared according to the highest
health and sanitation standards for plant facilities and food processing established by local, state,
and federal agencies governing such activities.
All fresh products provided by the Vendor shall be packaged in accordance with generally
accepted standards for such vended products, and are required to display legible, open code
dating to indicate the freshness expiration of that item.
6.5 APPEARANCE and SPACE
Vending equipment shall be of uniform appearance and height, and modular so as to be of
attractive presentation to the customers. Equipment shall be of modern design and shall have a
color scheme appropriate for the environment where it is installed. The District shall have final
approval of equipment prior to installation.
Vending equipment shall fit in the space available at each location. Should there not be
equipment available to fit in the space allowed, the vendor and the District shall arrive at a
mutually agreed upon manner in which to proceed.
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6.6 MANUFACTURER / CERTIFICATION
Vending equipment shall be manufactured by a manufacturer widely-recognized and respected in
the food service industry and shall be certified by the National Automatic Merchandising
Association (N.A.M.A.) as meeting its standards. Proof of certification is to be provided to the
District by the Vendor.
6.7 PACKAGING
All vended items provided by the vendor are to be packaged in accordance with generally
accepted standards for such vended products. All prepared or perishable items are required to
carry legible, open code dating to indicate expiration date of each item.
6.8 PRICING
Vend prices shall be mutually agreed to by the district and the Vendor. At no time shall
Vendor’s pricing be lower than the pricing charged by the District’s food service department for
similar product, nor shall it be higher than the District’s consumer market will bear. The Vendor
shall not change prices without prior written approval of the District. The District and the
Vendor will review prices and portions periodically and any price increase requests made by the
vendor must be in writing and be justified. Any adjustments agreed upon shall be made during
an academic break.
6.9 ACCESS TO EQUIPMENT
The District shall have the opportunity, periodically, if it so chooses, to inspect machines and
contents, accompanied by the Vendor’s representative.
6.10 INCREASING and/or DECREASING MACHINES AND LOCATIONS
As the District grows, and facilities are expanded, additional machines may be requested. The
machines which are added must meet or exceed the same specifications as the machines installed
at the commencement of the Agreement. The terms of the Agreement shall not be altered by the
addition of such machines. Installation of additional machines shall be done in accordance with
the terms contained herein as though it was a beginning-of-Agreement installation.
Conversely, after the start of the Agreement, the number and type of machines may be
permanently reduced or service suspended, or reduced by mutual agreement between the District
and the Vendor. Requests from the Vendor to remove machines or suspend or reduce services
must be supported by appropriate written justification and approved in writing by the District.
The District will advise the Vendor of the academic calendar and of any anticipated changes in
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building utilization which could warrant a change in vending concept.
6.11 TYPES and NUMBER OF MACHINES
The Vendor shall provide an appropriate number of machines to equal or exceed the District’s
existing service, subject to the approval of the District.
7. EQUIPMENT FEATURES
Vending machines shall have, as a minimum, the following features:
-ability to vend different types of products from a single machine
-dispense product on a first-in-first-out basis and dispense that product being
merchandised
-variable pricing capabilities
-validators
-non-reset counters
-appropriate refrigeration as required for perishables
-thermostats
-UL approval
-thermal overload protection
-compliance with applicable electrical standards and specifications
7.1 QUANTITY and TYPES OF MACHINES.
a. All vending machines installed shall be subject to approval by the District and be of
modern design and color scheme appropriate for the District’s educational environment.
They must be NAMA certified Spec sheets for each type of machine is to be furnished to
the District.
b. Machines must not be in excess of four (4) years old and fully reconditioned.
c. Machines must be installed with District-approved wall brackets or floor bolting for
seismic tie-down purposed.
d. All vending machines installed shall be in compliance with all applicable Federal, State
and Local laws and all Health/Sanitation standards.
e. District prefers that machines accept dollar bills, coins, credit cards and debit cards. In
the event that credit cards and debit cards are not accepted a change machine is required
for banks of three (3) or more vending machines.
f. The Vendor is to furnish a list of the quantity of each type of machine planned to install
in each location of the three campuses. It is expected that the number of machines
furnished initially will be greater than the number presently in place. If additional
vending areas are made available on any campus, the Vendor will be expected to supply
an appropriate number of machines at that location.
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g. If any machine turns out, in the judgment of the Vendor, to be unproductive, the Vendor
may remove such a machine with the consent of the District.
h. If vending machine replacement is necessary, date, time and machine type must be
provided by the District.
7.2 VOLTAGE and UTILITY CONNECTIONS
The District shall furnish all utility connections for the current type/class of vending machines
being used on its three campuses. In the event the Vendor proposes to use vending machines
with increased utility requirements, the Vendor shall bear the cost associated with providing
those increased utilities. However, if such added utility requirements are the result of additional
machines desired by the District and agreed to by the Vendor, the District shall bear the cost of
the additional circuits needed for this purpose.
7.3 ACCESS TO MACHINES
The Vendor shall access the campuses’ driveways/buildings for the purpose of stocking and
repairing vending machines and collections at such times that minimize vehicle traffic
congestion, noise, pedestrian traffic interruptions, etc. Vending trucks/vehicles shall not be
permitted on internal campus sidewalks. The District shall have ultimate authority in any matter
concerning delivery/access of the campus environments, including the right to restrict use of
campus streets and driveways
7.4 INSTALLATION
The change-over to the Vendor may be accomplished as follows:
a. The Vendor will be responsible for providing all vending equipment and installation.
b. The Vendor will be responsible for all installation expenses.
c. The Vendor will work with the appointed District representative to insure a smooth
transition.
7.5 MACHINE ENCLOSURES
Wherever there is a bank of three or more vending machines, the District a) prefers the
Vendor(s) furnish machines that accept credit card and debit card transactions; b) requires that
the Vendor provide an attractive valance (or 3-sided frame) covered with plastic laminate or
similar material, with lettering agreed upon mutually between the District and the Vendors. The
cost of such frames shall be borne by the Vendor(s). It is expected that the Vendor, together with
the Vendor of soft drinks, will share the cost of these frames on a mutually agreeable basis. Any
disputes will be referred to the District representative who shall arbitrate such disputes in a
neutral and objective manner.
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8.
COMMISSIONS, PAYMENTS, and ACCOUNTING
8.1 COMMISSION PAYMENT AND REPORTS
A single check for all commissions due for one (1) accounting period shall be submitted by the
Vendor no later than the twentieth calendar day following the close of said period. The Vendor
will, if possible to align their account reports to match the RCCS accounting cycle. RCCD is on
a calendar period system, with the Fiscal Year running from July l to June 30th. The RCCD
Accounting Department is available to work with the Vendor to facilitate the transition. The
commission check shall be made payable to the Riverside Community College District, Attn:
Auxiliary Business Services.
If the Vendor’s payments are received later than the twentieth calendar day following the close
of the last accounting period, the District will charge a late fee consisting of five (5) % of the
total amount due.
The Vendor shall also furnish to the District representative, a monthly report which, at the
minimum, shall include revenues broken down by detail product mix, then by location and type
of machine. The revenues for each campus should be shown separately, as well as cumulatively
for the entire District.
8.2 ACCOUNTING
The Vendor shall furnish the District with an outline of its own system for accountability and
record-keeping by which its auditors verify the accuracy and thoroughness of controls related to
product issue and cash collections. This report is to be used by RCCD’s auditors to use in
ascertaining the propriety and accuracy of commissions due and paid to the District. All of the
Vendor’s records pertaining to product dispersal and sales collections covered by this agreement
shall be made available upon demand by RCCD for the purpose of audit.
8.3 REFUNDS
The Vendor shall maintain a refund procedure at a mutually agreed-upon location on each of the
three campuses, where refunds can be offered. The Vendor shall provide, to the District’s
satisfaction, a system for keeping track of refund payments and must make certain that refunds
are replenished as necessary. The District will cooperate with the Vendor in cases where
individuals clearly abuse the refund system.
8.4 COLLECTIONS OF MONIES FROM MACHINES
All collections of monies from the vending machines shall be made by the Vendor’s
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representative in accordance with the industry standard for safety and security and with the
District’s agreement as to procedure.
8.5 RECORD RETENTION
The Vendor shall retain all records pertaining to its service to the District for a period of five (5)
years past the termination of this Agreement.
8.6 AUDIT
The District reserves the right to audit any and all records pertaining to sales under this
agreement at the Vendor’s facility with a twenty-four (24) hour written notice to the Vendor.
Failure by the Vendor to allow such audit will be considered a breach of Agreement and a cause
for termination of the Agreement.
Whenever an audit is conducted, if the District finds that commissions have been miscalculated,
the Vendor agrees that it shall promptly pay the District the amount of the miscalculated
commission. If the commissions have been miscalculated by three percent (3%) or more, the
Vendor agrees that, in addition to paying the District the amount of the miscalculated
commission, the Vendor shall pay the District an additional amount which shall be calculated by
multiplying the amount of the miscalculated commission by the number of percentage points of
the miscalculation.
The District shall be advised by the Vendor of any scheduled independent audit of its operations.
The District shall have the option to participate in such audits and may request a full report of
such audits.
8.7 FINAL PAYMENT
Upon expiration or termination of this Agreement, commissions due the District shall be paid on
sales until all equipment has been removed, and the removal date shall be indicated on the period
statement when each piece of equipment was removed. The guaranteed yearly commission shall
be pro-rated to the date the equipment is removed and if sales commissions due are less than the
pro-rated amount, the pro-rated amount shall be due the District.
9.
EXPERIENCE AND FINANCIAL ABILITY
9.1 EXPERIENCE
The Vendor must have a minimum experience of five (5) years of continuous experience in the
management and operation of comparable vending services, as determined by the number of
machines being services, similar facilities, and comparable annual sales volumes.
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9.2 FINANCIAL ABILITY
The Vendor shall annually provide the District with a copy of it’s certified financial statement
not later than ninety (90) calendar days immediately following the end of the Vendor’s fiscal
year.
10. COMMISSION PROPOSAL
The Vendor guarantees a minimum yearly commission of $22,000, or 25% on gross sales,
whichever is greater, in exchange for the right to be the exclusive vendor of vended food, snack,
and hot beverage products. At the end of each year, if actual commissions due the college are
less than the guaranteed yearly commission, the Vendor will pay the difference to the District.
IN WITNESS WHEREOF, the District and the Vendor have executed this Agreement on the
_______ day of _____________, 2007.
RIVERSIDE COMMUNITY COLLEGE
DISTRICT
By:__________________________
SIGNATURE
__________________________
Aaron Brown
__________________________
Interim Vice Chancellor,
NORTH COUNTY VENDING, INC.
By:_____________________________
SIGNATURE
_____________________________
Mark Veyveris
_____________________________
VP of Business Services
AMENDED
Report No.:
VI-A-8
Subject:
Agreement with Doris Griffin
Background: Attached for the Board’s review and consideration is a proposed independent
contractor agreement between Riverside Community College District and Doris Griffin to
perform services and produce deliverables as detailed therein. The Riverside Community
College District implemented an electronic degree audit program in 2003. Originally, the
electronic degree audit included only coursework completed in the Riverside Community
College District. On March 20, 2007 the Board of Trustees approved a short term agreement
with Doris Griffin to expand degree audit to include courses from the five most common transfer
institutions. The deliverables from this contract will allow the District to continue to expand its
electronic degree audit by entering courses from 20 additional transfer institutions. The term of
this agreement is August 22, 2007 through June 30, 2008. The total fee for this agreement shall
not exceed $32,500.00. Funding source: Matriculation funds.
Recommended Action: It is recommended that the Board of Trustees approve the attached
agreement with Doris Griffin for the period from August 22, 2007 through June 30, 2008, for an
amount not to exceed $32,500.00, and authorize the Interim Vice Chancellor, Administration and
Finance, to sign the agreement.
James L. Buysse
Interim Chancellor
Prepared by: Debbie DiThomas
Interim Vice Chancellor, Student Services and Operations
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INDEPENDENT CONTRACTOR AGREEMENT
WITH
AND
Doris Griffin
This Agreement, entered into this August 22, 2007, between RIVERSIDE COMMUNITY
COLLEGE DISTRICT, whose address is 4800 Magnolia Avenue, Riverside, California, 92506,
hereinafter referred to as the "Client," and Doris Griffin, whose address is 8284 N. McDonald,
Fresno, CA 93720, hereinafter referred to as the "Contractor".
ARTICLE I. TERM OF CONTRACT
1.01
This Agreement is effective to cover activities beginning August 22, 2007 and will
continue in effect until June 30, 2008.
ARTICLE II. SERVICES TO BE PERFORMED BY CONTRACTOR
2.01
Contractor agrees to perform the services specified in the " Scope of Services " attached
to this Agreement as "Exhibit A" and incorporated by reference herein.
ARTICLE III. COMPENSATION
3.01
In consideration for the services to be performed by the Contractor, Client shall pay
Contractor as described in "Exhibit B" attached hereto and incorporated by reference
herein.
ARTICLE IV. OBLIGATIONS OF CONTRACTOR
4.01
Minimum Amount of Service. Contractor agrees to devote its best efforts to performance
of the services outlined in "Exhibit A" on behalf of Riverside Community College District
RCCD). Contractor may represent, perform services for, and be employed by such
additional clients, persons, or companies as Contractor, in Contractor's sole discretion,
sees fit.
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4.02
Time for Performance of Services. Contractor shall meet with the Client and complete
deliverables as outlined in "Exhibit A."
4.03
Indemnification. Client and Contractor mutually agree to indemnify and hold each other
free and harmless from any obligations, costs, claims, judgments, attorneys’ fees and
attachments arising from, growing out of, or in any way connected with the services
rendered to each other pursuant to the terms of the Agreement.
4.04
Assignment. Neither this Agreement nor any duties or obligations under this Agreement
may be assigned by either party without the prior written consent of the other party.
4.05
Treatment of Client Information. Contractor shall regard all Client data and information
used in the work performed under this agreement as confidential, and will comply with all
Family Educational Rights and Privacy Act (FERPA) regulations regarding privacy of
student data.
4.06
Non Discrimination. Contractor will comply with all Federal and State guidelines and/or
regulations and will not discriminate against any person in the provision of services on the
basis of race, religion, gender, disability, medical condition, marital status, age or sexual
orientation. Further, Contractor is on notice that harassment of any employee/student
with regard to race, religion, gender, disability, medical condition, marital status, age or
sexual orientation is strictly prohibited by Client.
ARTICLE V. OBLIGATIONS OF CLIENT
5.01
Cooperation of Client. Client agrees to comply with all reasonable requests of the
Contractor and provide access to all documents reasonably necessary to the performance
of Contractor's duties under this Agreement.
5.02
Use of Project Deliverables. Client may use the deliverables from this work without
restrictions of any kind.
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ARTICLE VI. TERMINATION OF AGREEMENT
6.01
Termination Upon Notice. Notwithstanding any other provision of this Agreement, either
party hereto may terminate this Agreement at any time upon 30 days written notice to the
other party.
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ARTICLE VII. GENERAL PROVISIONS
7.01 Entire Agreement of the Parties. This Agreement supersedes any and all Agreements,
either oral or written, between the parties hereto with respect to the rendering of services
by Contractor for Client and contains all the covenants and agreements between the parties
with respect to the rendering of such services in any manner whatsoever. Each party to
this Agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
of any party, which are not embodied herein, and that no other agreement, statement or
promise not contained in this Agreement shall be valid or binding. Any modification of
this Agreement will be effective only if it is in writing, signed by the party to be charged.
7.02 Governing Law. This Agreement will be governed by and construed in accordance with
the laws of the State of California.
7.03 Independent Contractor. Contractor, and its officers, employees, and agents, shall act in
an independent capacity during the term of this agreement and not as officers, employees
or agents of RCCD.
Riverside Community College
Consultant
___________________________________
Aaron Brown
Interim Vice Chancellor,
___________________________________
Doris Griffin
Independent Contractor
___________________________________
Date
___________________________________
Date
4
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EXHIBIT A
Independent Contractor Agreement with Doris Griffin
SCOPE OF SERVICES
With this Agreement, Doris Griffin will perform services and produce deliverables as detailed
within this scope of service.
Scope of Service
Brief Description of Project: In 2003, RCCD committed to the development and implementation
of Datatel’s Electronic Degree Audit Module. Due to time and resource constraints, the decision
was made to initially implement degree audit for only those courses taken in the Riverside
Community College District. Historically, RCCD manually enters courses that students have
taken at other colleges if they are needed to meet prerequisite requirements, and the degree audit
module applies to applied courses taken within the District. We are currently developing and
implementing a process to electronically enter student transcripts from other colleges. The first
step toward the implementation of this process was to build the course equivalencies within the
Datatel system for five transfer institutions and train appropriate college personnel in 2006-2007.
The next step incorporates the deliveries from this contract that will allow the District to
continue to build course equivalencies within the Datatel system for additional transfer
institutions.
Scope of Services: Contractor will enter course equivalencies for degree applicable courses from
a maximum of 20 out of 25 of the transfer institutions as delineated in following deliverables.
Deliverables: The following will be delivered to the Client as a result of the provision of
services described within this Scope of Services. All work must be completed by June 30,
2008. Contractor will:
• Build Course Equivalencies in RCCD’s Datatel System for Cerritos College’s
Degree Applicable Courses.
• Build Course Equivalencies in RCCD’s Datatel System for Santa Ana College’s
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Build Course Equivalencies in RCCD’s Datatel System for Fullerton College’s
Build Course Equivalencies in RCCD’s Datatel System for Irvine Valley College’s
Build Course Equivalencies in RCCD’s Datatel System for Victor Valley College’s
Build Course Equivalencies in RCCD’s Datatel System for Saddleback College’s
Build Course Equivalencies in RCCD’s Datatel System for Cypress College’s
Build Course Equivalencies in RCCD’s Datatel System for Rio Hondo College’s
Build Course Equivalencies in RCCD’s Datatel System for Golden West College’s
Build Course Equivalencies in RCCD’s Datatel System for Long Beach Community
College’s Degree Applicable Courses.
Build Course Equivalencies in RCCD’s Datatel System for Los Angeles Harbor
Build Course Equivalencies in RCCD’s Datatel System for Los Angeles City
Build Course Equivalencies in RCCD’s Datatel System for San Diego City College’s
Build Course Equivalencies in RCCD’s Datatel System for Palomar College’s
Build Course Equivalencies in RCCD’s Datatel System for Orange Coast College’s
Build Course Equivalencies in RCCD’s Datatel System for University of California,
Riverside’s Degree Applicable Courses.
Build Course Equivalencies in RCCD’s Datatel System for La Sierra Univerisity’s
Build Course Equivalencies in RCCD’s Datatel System for California Baptist
University’s Degree Applicable Courses.
Build Course Equivalencies in RCCD’s Datatel System for California Poly
Pomona’s Degree Applicable Courses.
Build Course Equivalencies in RCCD’s Datatel System for Califorina State
University, Fullerton’s Degree Applicable Courses.
Build Course Equivalencies in RCCD’s Datatel System for University of Phoenix’s
Build Course Equivalencies in RCCD’s Datatel System for Loma Linda University’s
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•
•
•
Build Course Equivalencies in RCCD’s Datatel System for Univeristy of Redlands’s
Build Course Equivalencies in RCCD’s Datatel System for University of LaVerne’s
Build Course Equivalencies in RCCD’s Datatel System for California State
University, San Bernardino.
Other Commitments from Client:
• Client will provide Contractor catalogs from Colleges listed in “Deliverables” with
RCCD course equivalencies noted for all degree applicable courses.
• Client will provide Contractor remote access to Client’s data.
EXHIBIT B
Independent Contractor Agreement with Doris Griffin
COMPENSATION
Building Course Equivalencies in RCCD’s Datatel System
1. As compensation for the services to be rendered on the building of course equivalencies in
RCCD’s Datatel System. Riverside Community College shall pay to the Contractor an
amount not to exceed $32,500.00 to be paid in arrears upon submission of invoices detailing
the tasks successfully completed as per the following:
•
•
•
•
•
•
•
Development and acceptance of Course Equivalencies for Cerritos College’s Degree
Applicable Courses --$1,250.00
Development and acceptance of Course Equivalencies for Santa Ana College’s
Degree Applicable Courses --$1,250.00
Development and acceptance of Course Equivalencies for Fullerton College’s
Development and acceptance of Course Equivalencies for Irvine Valley College’s
Development and acceptance of Course Equivalencies for Victor Valley College’s
Development and acceptance of Course Equivalencies for Saddleback College’s
Development and acceptance of Course Equivalencies for Cypress College’s Degree
7
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Development and acceptance of Course Equivalencies for Rio Hondo College’s
Development and acceptance of Course Equivalencies for Golden West College’s
Development and acceptance of Course Equivalencies for Long Beach College’s
Development and acceptance of Course Equivalencies for Los Angeles Harbor
College’s Degree Applicable Courses --$1,250.00
Development and acceptance of Course Equivalencies for Los Angeles City
College’s Degree Applicable Courses --$1,250.00
Development and acceptance of Course Equivalencies for San Diego City College’s
Development and acceptance of Course Equivalencies for Palomar College’s Degree
Development and acceptance of Course Equivalencies for Orange Coast College’s
Development and acceptance of Course Equivalencies for University of California,
Riverside’s Degree Applicable Courses --$2,000.00
Development and acceptance of Course Equivalencies for La Sierra University’s
Development and acceptance of Course Equivalencies for California Baptist
University’s Degree Applicable Courses --$2,000.00
Development and acceptance of Course Equivalencies for California Poly Pomona’s
Development and acceptance of Course Equivalencies for California State
University, Fullerton’s Degree Applicable Courses --$2,000.00
Development and acceptance of Course Equivalencies for University of Phoenix’s
Development and acceptance of Course Equivalencies for Loma Linda University’s
Development and acceptance of Course Equivalencies for University of Redlands’
Development and acceptance of Course Equivalencies for University of LaVerne’s
Development and acceptance of Course Equivalencies for California State
University, San Bernardino’s Degree Applicable Courses --$2,000.00
The full amount for the 20 of the 25 catalogs, not to exceed $32,500.00 will be paid upon
official final acceptance of course equivalency test results and satisfactory completion of the
training of appropriate RCC personnel to continue building and maintain the course
equivalencies. All work must be completed by June 30, 2008.
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This agreed upon total includes all Contractor outlays (time, travel, materials, etc.). Service
provision may be discontinued at any time RCCD deems it is no longer needed.
2.
If the Contractor is not able to render all services outlined in “Exhibit A”, the Contractor
will be paid for services rendered up to that point.
9
Report No.:
VI-A-9
Subject:
Agreement with Turbo Data Systems, Inc.
Background: Presented for the Board's review and consideration is an agreement between
Riverside Community College District and Turbo Data Systems, Inc. to provide processing of
parking citations for the Department of Safety and Police on all three campuses. These services
include the entering of manual citation data, database maintenance, electronic citation
processing, online reporting, notice processing, and collection and payment processing. The term
of the agreement is from August 22, 2007 through June 30, 2008, for an amount not to exceed
$41,000.00. Funding source: General Fund.
Recommended Action: It is recommended that the Board of Trustees approve this agreement,
from August 22, 2007 through June 30, 2008, for an amount not to exceed $41,000.00, and
authorize the Interim Vice Chancellor, Administration and Finance, to sign the agreement.
James L. Buysse
Interim Chancellor
Prepared by: Hank Rosenfeld
Director/Chief, Department of Safety and Police
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AGREEMENT FOR PROCESSING
OF PARKING CITATIONS
This Agreement is entered into by and between Turbo Data Systems, Inc. (TDS/CONTRACTOR),
a California Corporation, and Riverside Community College DISTRICT, (hereinafter "Customer").
Whereas, TDS and the Customer desire to enter into an agreement whereby TDS will process
parking citations for the Customer pursuant to the terms and conditions set forth herein.
In consideration of the mutual covenants, conditions, representations and warranties contained
herein the parties hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is for TDS to process parking citations for the
Customer in a timely manner.
2. SCOPE OF SERVICES. When and as directed by the Customer, TDS shall perform the
following services in processing all parking citations:
See Attached Scope of Services
3. TERM. The term of this agreement shall be August 22, 2007 through June 30, 2008, with four
additional one year renewal periods, upon written consent of both parties.
4. CONSIDERATION. In consideration for services performed by TDS as provided in this
agreement, Customer shall pay TDS pursuant to the terms set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
5. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "A" shall be billed
on a monthly basis in arrears and payment therefore shall be made within fifteen (15) days after
submission of each separate invoice.
6. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for
examination by the Customer or its authorized representative(s) at a time agreeable to the Customer
and TDS within one week following a request by the Customer to examine such records. Failure
by TDS to permit such examination within one (1) week of a request shall permit the Customer to
withhold all further payments until such examination is completed unless the Customer in writing
authorizes an extension of time for examination.
7. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services
required by this agreement in an expeditious and timely manner so as not to unreasonably delay the
purpose of this agreement as set forth in Sections 1 and 2.
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8. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be
an independent contractor and shall not be an employee of the Customer. The Customer shall have
the right to control TDS only insofar as the results of TDS's services rendered pursuant to this
agreement; however, Customer shall not have the right to control the means by which TDS
accomplishes the services rendered pursuant to this agreement.
9. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities
and equipment that may be required for performance of the services required by this agreement.
10. TDS agrees to defend, indemnify, hold free and harmless the Customer, its elected officials,
officers, agents and employees, at contractor’s sole expense, from and against any and all claims,
actions, suits or other legal proceedings brought against the Customer, its elected officials,
officers, agents and employees arising out of the performance of the contractor, its employees,
and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The
defense obligation provided for hereunder shall apply without any advance showing of
negligence or wrongdoing by the contractor, its employees, and/or authorized subcontractors, but
shall be required whenever any claim, action, complaint, or suit asserts as its basis the
negligence, errors, omissions or misconduct of the contractor, its employees, and/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the
Customer, its elected officials, officers, agents and employees based upon the work performed
by the contractor, its employees, and/or authorized subcontractors under this Agreement,
whether or not the contractor, its employees, and/or authorized subcontractors are specifically
named or otherwise asserted to be liable. Notwithstanding the foregoing, the contractor shall not
be liable for the defense or indemnification of the Customer for claims, actions, complaints or
suits arising out of the sole active negligence or willful misconduct of the Customer. This
provision shall supersede and replace all other indemnity provisions contained either in the
Customer’s specifications or contractor’s proposal, which shall be of no force and effect.
11. INDEMNIFICATION BY CUSTOMER. TDS shall use due care in processing work of the
Customer. Any errors shall be corrected by TDS at no additional charge to the Customer. TDS
shall be entitled to reimbursement from the Customer for any expenses incurred by TDS for the
correction of any erroneous information provided by the Customer and TDS shall not be
responsible for Customers' losses and expenses resulting from erroneous source materials provided
by the Customer. Neither party shall be liable to the other for any indirect or consequential losses
or damages resulting from any errors within the scope of this Section 11.
12. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of
this agreement, TDS shall comply with all applicable provisions of the California Fair Employment
Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment
provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.
13. AGENCY. Except as Customer may specify in writing TDS shall have no authority, expressed
or implied, to act on behalf of the Customer in any capacity whatsoever as an agent. TDS shall
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have no authority, expressed or implied, pursuant to this agreement to bind Customer to any
obligation whatsoever.
14. CHANGES IN LAW. Should there be any changes in the law applicable to the processing of
parking citations which would require material changes in the method of the processing as
contemplated in this agreement, or materially reduce or eliminate the amount of revenue received
by the Customer from parking citations, this agreement shall terminate on the date such law
becomes effective, provided either party gives sixty (60) days notice of termination. Any changes
in the processing of parking violations as a result of changes in the law or DMV regulations
affecting such violations, which do not materially add to the cost of processing such citations by
TDS shall be implemented by TDS at the request of the Customer, provided however, that the cost
of such implementation does not exceed the fee paid to TDS for performing such services. If any
such change results in the cost of processing citations exceeding the amounts provided for in
Section 4 and the Customer declines to amend this agreement to provide for the payment of such
increased costs, the agreement shall terminate as of the effective date of the change in the law or
regulations.
15. OWNERSHIP OF SOFTWARE. Customer acknowledges that the software and software
programs used by the Customer or used for the Customer's benefit which were developed by TDS
are the sole property of TDS and the Customer obtains no right or interest in the software by virtue
of this agreement.
16. OWNERSHIP OF DOCUMENTS. All citations, electronic and handwritten; reports; electronic
storage media; and other documents, including copies and reproductions assembled or prepared by
TDS or TDS’ agents, officers, or employees in connection with this Agreement, including any and
all copyright interest therein, shall be the property of the Customer and shall be delivered to the
Customer upon either the completion or termination of this Agreement. Copies of said documents
may not be retained by TDS, and shall not be made available by TDS to any individual or
organization without the prior written approval of Customer, except as required by law. TDS or
TDS’s agents shall execute such documents as may be necessary from time to time to confirm
Customer’s ownership of the copyright of such documents.
17. FORCE MAJEURE. Neither party shall be responsible for delays or failure in performance
resulting from acts beyond the control of such parties. Such acts shall include, but are not limited
to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes
or other disasters.
18. TERMINATION. This agreement may be terminated by either party upon ninety (90) days
written notice. At such time, TDS agrees to provide Customer, in computer readable form, a copy
of all data files to service its citations.
19. NOTICE. Whenever it shall be necessary for either party to serve notice on the other
respecting this agreement, such notice shall be served by certified mail addressed to:
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TDS:
Turbo Data Systems, Inc.
18302 Irvine Blvd, Suite 200
Tustin, CA 92780
Roberta J. Rosen, President
CUSTOMER:
Police Department
Riverside CA 92506
unless and until different addresses may be furnished in writing by either party to the other, and
such notice shall be deemed to have been served within seventy-two (72) hours after the same
has been deposited in the United States Post Office by certified mail. This shall be valid and
sufficient service of notice for all purposes.
20. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement
between Customer and TDS and supersedes any and all prior negotiations, representations or
agreements, either written or oral. This agreement may be amended only by written instrument
signed by both Customer and TDS. This agreement may only be assigned with the express written
consent of each of the parties hereto. In the event that any provision hereof is deemed to be illegal
or unenforceable, such a determination shall not affect the validity or enforceability of the
remaining provisions hereof, all of which remain in full force and effect.
21. VENUE/LITIGATION COSTS. This Agreement will be governed by and construed in
accordance with the laws of the State of California. If any legal action or any other proceeding is
brought to enforce the terms of this agreement, or because of an alleged dispute, breach, or
misrepresentation in the connection with any of the provisions of this agreement, the successful or
prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other
costs incurred in that action or proceeding, including the costs of appeal in addition to any other
relief to which it or they may be entitled.
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22. EFFECTIVE DATE OF THIS AGREEMENT. This agreement, made in duplicate, shall be
effective from and after
August 22, 2007.
Executed on this ___ day of ______________________, 2007.
TURBO DATA SYSTEMS, INC.
By:_____________________________
Aaron Brown, Interim Vice Chancellor
By:_________________________
Roberta J. Rosen
President
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EXHIBIT “A”
Basic Processing Fee – Automated Citations:
$0.80 per citation
Manual citations and automated citations entered after 48 hours:
$0.92 per citation
Included: TDS entry of citations and citation dispositions (bounced checks, payments,
extensions, etc.), database maintenance, daily system backups, DMV interface (r/o retrieval
and placing and releasing registration holds), weekly/monthly reporting, toll-free telephone
number (for public access), Interactive Voice Response System (IVRS), Customer Service
Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays),
customized recorded telephone information, ongoing Client support, correspondence and
other documentation, daily pick up of payments and other documents from a TDS provided
P. O. Box, daily payment processing, bank deposits, Internet-based online inquiry access to
the City’s database and documentation and training for successful use of TDS provided
online system.
Due to the fact that fees for processing services are determined by unit and that there are
certain fixed costs required to perform these services, regardless of volume, the minimum
monthly invoice amount for basic citation processing fees shall be $500.00.
Notice Mailing
$0.72 per notice mailed
Out of State Processing
30% of amount collected
No charge until payment is collected. No charge if payment is made prior to a notice. If
payment is collected via credit card, normal credit card fees will apply in addition.
Administrative Adjudication Processing
$2.20 per letter sent
Includes mailing all administrative review result letters, hearing result letters, scheduling of
all hearings and mailing hearing schedule letters to the public. Forms, notices and postage
included.
Final Notice Fee
$0.72 per notice mailed
Credit Card Payment Processing
$3 Fee Paid by Violator
No Charge to Agency
Online System Access for Agency Personnel $40 per month per workstation (first 3 included at no
charge)
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Online Inquiry Access for the Public
Fee Waived
REPORTNet Online Reporting
No Charge
Special Collections (Optional)
30% of amount collected
Fee Increases:
Postal Rate Increase Offset – Fees will increase immediately to offset
the amount of any postal increase.
Annual CPI Increase – Fees will increase according to the CPI for each
12-month period.
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SCOPE OF SERVICES
PARKING CITATION PROCESSING AND COLLECTION
TDS shall perform the following services in processing all parking citations:
A. Basic Processing – TDS will enter manual citations and citation dispositions into
Customer’s database within 2 business days.
The basic service includes database
maintenance, daily system backups, toll-free phone number for the public, Interactive Voice
Response System (IVRS) with customized recorded information and citation lookup
capability, pticket.com web-based Inquiry System for the public with customized content,
Customer Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding
holidays) to speak with the public regarding parking citation issues, ongoing Client support,
and documentation and training for use of the TDS-provided online system.
B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic
citations into Customers database within 1 business day. TDS will maintain and update the
hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket
writers. TDS will work with Customer to implement any changes required for handheld
ticket writer equipment.
C. System and Document Storage - Citations paid or dismissed will be retained on the computer
system for 3 years and then removed. Unpaid citations will be retained on the computer
system for 5 years and then removed. Citation documents will be stored for 6 months from
date of issue and then returned to Customer or shredded. Payment documents will be stored
for 6 months from the date of payment and then returned to Customer or shredded.
D. Online Reporting - Provide monthly reports online indicating the status of all citations, such
reports to be available for Customer access no later than the thirtieth (30th) day of the
following month.
E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and
addresses of registered owners of cited vehicles for those citations that have not been cleared
prior to their notice generation date.
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F. Notice Processing - Print the required Notice and mail to each registered owner whose name
has been retrieved within 15 to 21 days after the citation has been issued. Includes second
notices mailed for bounced checks, partial payments, and name or address changes. The
notice date shall be extended whenever there is an unusual delay in delivery of information or
citations to TDS. All postage, notice forms and envelopes will be provided by TDS.
G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the
California DMV for vehicles with California license plates after a Notice of Violation has
been mailed to the registered owner and TDS has not received notification that the citation
has been cleared. This Notice of Delinquency will be transmitted to the California DMV
within 2 business days after the date specified by the Customer to be the DMV Date.
H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV
that a Notice of Delinquency has been cleared within 2 business days after TDS has received
notification of clearance.
I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available
(currently monthly) and update DMV transactions into Customers database, providing
reporting for reconciliation purposes.
J. Delivery Service – Customer will mail documents to TDS and TDS will UPS documents to
Customer on at least a weekly basis.
K. Collection and Payment Processing - TDS will provide the following collection and payment
processing services for Customer:
•
•
•
•
•
•
•
•
•
•
•
•
Provide P. O. Box where payments are mailed
Courier pickup from P. O. Box daily
Open all mail
Verify payment amounts and record on computer system within 2 business days (48
hours)
Use postmark date to establish payment date
Respond to reasonable non-judicial public inquiries by phone and mail
Return questionable mail to Customer for decision
Make bank deposits to Customer bank account
Verify amounts deposited, by citation number
Provide toll-free number for citizen inquiries
Provide reports for bank statement reconciliation
Provide monthly Paid Citation Distribution Report
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L. Out of State Citations - TDS shall process citations for non-California license plates by
entering the citation information into the system database and reporting them along with all
other citations on the database with the standard reports. If they become delinquent, requests
for registered owner information will be sent to the appropriate out-of-state DMV. The
Notice of Intent will be generated to the registered owner and the fine amount requested. TDS
will incur all costs for this processing, including out-of-state DMV fees and charges. TDS
will receive payment from Customer based on the amount of revenues collected from out-ofstate citations after the Notice of Intent has been issued. This amount will be billed monthly
for the prior months' receipts (as determined from our database and/or reports). Payments
collected via credit card will also incur credit card fees.
M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice
Response (IVR) System that all callers go through when they call our Toll Free numbers,
and through the pticket.com web site, we are able to accept credit card payments via Visa
and MasterCard. The systems authorize each transaction while the caller is on the phone or
online. Customers are given an authorization number or email confirmation to confirm
their charge. The IVR system and the pticket.com web payment system both automatically
update the citation database with the payment immediately. Credit Card monies are paid to
a Turbo Data Systems bank account and are reconciled monthly. Each customer receives
their own “merchant statement” from the bank which is balanced with a “credit card
postlog” which shows in detail which citations were paid and for what amount, along with
the deposit slip from the bank showing that these funds have been deposited into the
customers account. Should there be any charge backs to a merchant account, the funds are
pulled directly from the Turbo Data master account and the citation will be reactivated,
much like a bounced check. The violator will be sent a notice and will then proceed to
DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge
backs, etc. Customer will not be involved in the daily processing.
N. Administrative Adjudication Processing Service - TDS will provide for the processing of
requests for contesting citations, allowing for agency processing of administrative reviews,
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August 21, 2007
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tracking and monitoring all relevant dates on an automated system, mailing timely
notification to respondents regarding the status of their claims, and scheduling of
administrative hearings. All Administrative Adjudication information entered into the system
is done in real time and is linked to existing database information to ensure proper tracking of
relevant dates, mailing names and addresses and other pertinent information. Administrative
Review requests will be entered within 2 business days of receipt. Adjudication documents
will be stored for 6 months from their activity date and then returned to the Customer or
shredded.
O. Online Inquiry Access for Customers’ Staff - Access via the Internet includes online access
24 hours a day, 7 days a week for City personnel to inquire on Customer’s database. This
access includes citation inquiry (includes citation status, history status, administrative
adjudication
status,
notes,
etc.),
the
ability
to
enter
and
view
notes,
post
dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers
sent from the handheld ticket writer software and received at TDS’ facility. TDS’ technical
staff will provide support. TDS will provide a real-time secured high-speed connection to the
citation database through the Customers' Internet connection. Customer must meet software,
hardware and Internet connection requirements. TDS will install a small client-side
application on the Customers PC that will enable the Customer to click and connect directly to
the TDS inquiry system.
P. Additional Notices– TDS will mail a Final Notice after all penalties have been applied and
before the DMV Hold is placed. This notice will inform the responsible party that the
citation has become delinquent (all penalties will be added) and the full amount indicated is
due to avoid the withholding of the vehicle registration and further collection efforts.
*AMENDED
BOARD OF TRUSTEES
RESOURCES COMMITTEE MEETING
August 14, 2007, 5:45 p.m.
Board Room AD122, O. W. Noble Administration Building, Riverside City Campus
Committee Members:
Mark Takano, Committee Chairperson
Virginia Blumenthal, Vice Chairperson
*Aaron S. Brown, Interim Vice Chancellor, Administration
and Finance
Melissa Kane, Vice Chancellor, Diversity and Human
Resources
Doug Beckstrom, Academic Senate Representative
(Moreno Valley Campus)
Richard Mahon, Academic Senate Representative
(Riverside)
Patricia Worsham, Academic Senate Representative
(Norco)
Debbie Cazares, CTA Representative (Riverside)
Su Acharya, CTA Representative (Riverside)
Tamara Caponetto, CSEA Representative (Norco)
Carmen Payne, CSEA Representative (Moreno Valley)
Tish Chavez, Confidential Representative (Riverside)
AGENDA
VI. Board Committee Reports
B.
Resources Committee
1. Resolution Authorizing Participation in the San Diego County Office of
Education Fringe Benefit Consortium 403(b) Plan, including the Master
Vendor List – Resolution No. 1-07/08
- The Committee to consider a resolution authorizing participation in a
new TSA program with the San Diego County Office of Education
Fringe Benefit Consortium.
2. Phase III Norco/Industrial Technology Project –Final Project Budget
Approval
- The Committee to consider a budget augmentation using Measure C
funds relative to the Norco Phase III/Industrial Technology Project.
3. Nursing/Sciences Building Project – Amendment to Consultant
Agreement
- The Committee to consider an amendment to a consulting agreement
relative to the Riverside City Campus Nursing/Science Building Project.
1
*AMENDED
4. Update on Budget Development
- The Committee to receive an update on the 2007-2008 Budget.
Adjourn
Prepared by: Vickie L. Vega, Administrative Assistant
2
RESOURCES COMMITTEE
Report No.:
VI-B-1
Subject:
Resolution Authorizing Participation in the San Diego County Office of
Education Fringe Benefit Consortium 403(b) Plan, including the Master Vendor
List – Resolution No. 1-07/08
Background: In 1983 the Board adopted Board Policy 7005 (subsequently changed to Board
Policy 6327) that codified District employees’ participation in tax sheltered annuities under
Internal Revenue Code (IRC) 403(b) (commonly called “tax sheltered annuities” or TSAs) as
approved by Board resolution on October 7, 1969. The District arranged with the Riverside
County Office of Education (RCOE) to be the fiscal agent for processing income deferred under
TSA contracts.
Due to recent changes in IRC regulations, RCOE has determined that it will no longer be able to
serve as the District’s TSA fiscal agent; requiring the District to seek a new fiscal agent and to
modify procedures for handling tax deferred plans under IRC 403(b).
The new IRC regulations include disclosure requirements that target certain tax avoidance
transactions such as loans and hardship withdrawals. In addition, the new regulations impose
significant administrative burdens on community colleges and other tax-exempt entities to
comply with the regulations. Failure to comply with the new disclosure requirements could
result in significant liability to the District as well as to individual District administrators.
The RCCD Health and Welfare Task Force, consisting of CSEA and CTA representatives and
confidential and management employees, was tasked with reviewing available options for
administering the District’s 403(b) plan, including considering various options for a stand-alone
program using private-entity vendors. Additionally, since the new IRC regulations and changes
to the California Education Code significantly limited the number of qualified TSA vendors, the
task force also reviewed TSA vendor availability to ensure that comparability with existing
program vendor offerings was considered.
After careful evaluation, the members of the Task Force determined that the program offered by
the San Diego County Office of Education Fringe Benefit Consortium (FBC) provided the most
comprehensive and cost effective option for employees while also providing liability protection
for the District. FBC was formed in 1982 to provide medical benefits to San Diego area school
districts. Since then, FBC has grown to include 77 San Diego, Imperial, and Riverside County
school districts covering over 80,000 employees, including RCOE and most Riverside County K12 and community college entities. In 2001, FBC created the Deferred Compensation Program
to provide a high quality, low cost retirement savings alternative; allowing employees to obtain
the advantages of economies of scale without the risks associated with a stand-alone program.
RESOURCES COMMITTEE
Report No.:
VI-B-1
Subject:
Resolution Authorizing Participation in the San Diego County Office of
Education Fringe Benefit Consortium 403(b) Plan, including the Master Vendor
List – Resolution No. 1-07/08 (Continued)
Upon Board approval, FBC and the District will conduct a series of employee orientation
meetings in anticipation of a January 2008 start date for the new TSA program. Staff will
present the proposed new procedures for Board Policy 6327 to the Chancellor’s Executive
Cabinet in September. The revised Board Policy will be presented to the Board in October.
Recommended Action: It is recommended that the Board of Trustees approve Resolution
No. 1-07/08, Authorizing Participation in the San Diego County Office of Education Fringe
Benefit Consortium 403(b) Plan, including the Master Vendor List.
James L. Buysse
Interim Chancellor
Prepared by: Edward Godwin
Director, Administrative Services
RESOURCES COMMITTEE
Report No.:
VI-B-2
Subject:
Phase III Norco/Industrial Technology Project –Final Project Budget Approval
Background: On July 16, 2001 the Board of Trustees approved an agreement with tBP
Architecture to work with the Norco Campus to develop a Final Project Proposal (FPP) for the
Phase III Norco/Industrial Technology Building.
On April 23, 2001 the Board of Trustees approved the District’s 2003-2007 Five Year Capital
Construction Plan, which included the FPP design for the Phase III Norco/Industrial Technology
Building.
The project was approved by the State Chancellor’s Office and scheduled for construction in
2007-2009. Staff and tBP Architecture have completed the working drawings and bid
specifications for the project, and the project has been presented to the Division of State
Architects (DSA) for approval.
In July 2003 the total project cost of Phase III Norco/Industrial Technology project was
estimated at $22,763,274 (State 90% - $20,484,274, District 10% - $2,279,000). The total
project cost is now estimated at $30,632,100, a difference of $7,868,826 (State 67% $20,484,274, District 33% - $10,147,826). The project cost increases are due to the following
reasons:
Construction revisions include changes to Building Cladding and Structural System,
Mechanical Systems, Electrical, IT and Security Systems and Non-State Supportable
Program.
II. Furniture and Equipment revisions include information technology advancements.
Advancement includes enhancement of audio-visual delivery systems to classrooms,
including network access to the individual student desk or work area and multi-media
control panels at the teaching podiums. New technological advances in card reader
systems from the standard key locking system will be programmed and delivered as part
of the building. The increased level of technology residing in the classroom has also
increased the need for a higher degree of classroom security to protect the assets from
theft and vandalism.
III. Working Drawing revisions include enhanced audio-visual and technology program
requirements for the building, requiring the necessary professional design services and
design architect compensation increase due to the cost of construction cost increases.
Additionally specialized engineering services were needed to assist in the design of
enhanced technology classrooms.
IV. Construction Contingency
I.
Reference:
Detailed Worksheet Attached
RESOURCES COMMITTEE
Report No.:
VI-B-2
Subject:
Phase III Norco/Industrial Technology Project –Final Project Budget Approval
(continued)
Staff therefore request approval of a budget augmentation for the Phase III Norco/Industrial
Technology Building in the amount of $7,868,826, using Measure “C” funds.
Recommended Action: It is recommended that the Board of Trustees approve the budget
augmentation for the Phase III Norco/Industrial Technology Project and authorize the use of
Measure C funds in the amount of $7,868,826.
James L. Buysse
Interim Chancellor
Prepared by: Norm Godin
Vice President
Business Services (Norco)
Dr. Gaither Loewenstein
Vice President
Educational Services (Norco)
Dr. Michael Webster
Riverside Community College District Consultant
Facilities Planning, Design and Construction
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August 21, 2007
Page 1 of2
Norco Phase III/Industrial Technology Building
Budget Augmentation Worksheet
District staff, tBP Architecture and ProWest Constructors (the District's Construction Manager)
have prepared a project cost estimate at the end of the design phase and the total project cost is
now estimated at $30,632,100 for an anticipated shortfall of$7,868,826.
The proposed project
budget has the state contributing $20,484,274 and the District contributing $10,147,826.
The projected increased costs occur in the following categories; Construction, Furniture and
Equipment, Working Drawings and Construction Contingency.
I.
Construction
The following factors that have contributed to the increase in construction costs from the original
construction budget of $17,241,000 to a current estimated cost of $22,141,000 are summarized in
the table below.
Item
1
2
3
4
Description
Estimated
Value
Cumulative
Total
Foundations/Earthwork/Site work
Poor soil conditions determined from the
geotechnical examinations of the building site
determined that extensive over-excavation,
compaction grouting is required to provide
the necessary structural building foundation
system
Buildin~ Claddin~ and Structural System
Campus design guidelines to maintain a
similar architectural vocabulary of existing
and adjacent building exterior systems require
a pre-cast system vs. plaster. The resulting
impact is also on the structural steel and
building concrete foundation to support the
increased load of the pre-cast system
Mechanical Systems
The existing campus central plant cooling
system is inadequate to provide the necessary
chilled water to the building thus requiring an
upgrade to the existing central equipment
Electrical, IT and Security Systems
Electrical, information technology and
security systems infrastructure needed to
support classroom systems and security
systems
$500,000
$500,000
$1,500,000
$2,000,000
$200,000
$2,200,000
$700,000
$2,900,000
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August 2 I, 2007
Page 2 of2
5
6
II.
Non-State Supportable Pro~ram
Program needed to construct a greenhouse
Construction Cost Escalation
The cost escalation of labor and materials that
was not supported through the state's cost
CCCI index factor
$200,000
$3,100,000
$1,800,000
$4,900,000
Furniture and Group II Equipment
Staff is recommending approval of an additional $2,220,326 to the original furniture and
equipment budget of $2,218,274. The increase is attributed to information technology
advancements for the Industrial and Technology building that enhances audio-visual delivery
systems to the classrooms, including network access to the individual student desk or work area.
District technology standards have evolved since the building was originally programmed and
current standards now include audio-visual equipment in the classroom with multi-media control
panels at the teaching podiums. The increased level of technology residing in the classroom has
also increased the need for a higher degree of classroom security to protect the assets from theft
and vandalism.
In addition, new technological advances in card reader systems from the standard key locking
system are being programmed and delivered as part of this building and included in the group 2
budget cost increases.
III.
Working Drawings
The design architects agreement states that they shall be compensated by an amount equal to
7.8% of the increase in the cost of construction. With an increase in the cost of construction
estimated to be $4,900,000, the additional compensation to the architect is calculated to be
$380,000. In addition, enhanced audio-visual and technology program requirements for the
building require the additional specialist design services for an additional cost in services of
$155,500.
IV.
Construction Contingency
Based on the projected increased cost of construction the allocation for construction contingency
has been increased by $213,000.
RESOURCES COMMITTEE
Report No.:
VI-B-3
Subject:
Nursing/Sciences Building Project – Amendment to Consultant Agreement
Background: On June 20, 2006, the Board of Trustees approved the agreement with GKK
Works to provide the design services for the Riverside City Campus Nursing/Sciences Building
project. Architect’s agreement included preparation of design, plans, specifications and working
drawings for a fee of $4,248,342.
Staff is now requesting to amend the agreement with GKK Works to include the development of
special signage for the site, interior and exterior signage, which will be part of the Group 1
Equipment. Additional professional services also include audio-visual engineering for Group II
Design/Support and Project Management for installation of Group II Equipment. Total amended
amount with GKK Works is $289,902 (Signage amount $76,692 and Audio-Visual Engineering
amount $213,210). GKK Works total agreement amount with amendment would be $4,538,244.
Staff therefore request approval of an amendment to the agreement with GKK Works for the
Nursing/Sciences Building project in the amount of $289,902, to be funded from the project
budget.
Amendment Attached.
Recommended Action: It is recommended that the Board of Trustees approve the amendment
with GKK Works in the amount of $289,902 for the Nursing/Sciences Building project, using the
current project budget and authorize the Interim Vice Chancellor, Administration and Finance to
sign the amendment.
James L. Buysse
Interim Chancellor
Prepared by: Dr. Michael Webster
Riverside Community College District Consultant
Facilities Planning, Design and Construction

5:00 pm Board Roo - Riverside Community College District

Transcription

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